Allowed

Rajamanickam v. State by

Madras HC4 Feb 2020CRL RC/182/2020

Case brief

AI extract

What is this about?

The High Court allowed a criminal revision under Section 397 read with Section 401 Cr.P.C. to set aside an order dismissing a petition for the return of a seized tractor. Relying on Supreme Court guidelines, the Court directed the police to release the vehicle to the petitioner subject to strict conditions including a non-refundable deposit, execution of a personal bond, surrender of the Registrat

What did the court decide?

Police directed to grant interim custody of the vehicle to the petitioner within 7 days subject to: a non-refundable deposit of Rs.50,000, execution of a personal bond for Rs.10,000 with two sureties,

Rajamanickam Vs State by — Property and Title | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 04.02.2020

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CORAM

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THE HON'BLE Mr. JUSTICE R. MAHADEVAN

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Crl.R.C.No.182 of 2020

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Rajamanickam ... Petitioner/ Accused Vs.

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State by Inspector of Police, Walajapet Police Station, Vellore District (Cr. No.256 of 2019) ... Respondent/Complainant

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Criminal Revision filed under Section 397 read with Section 401 Cr.P.C. seeking to set aside the order dated 05.11.2019 passed by the learned Principal Sessions Judge, Vellore in Crl.M.P.No.4802 of 2019 in Crime No.256 of 2019 and to direct the respondent to release the Tractor and Trailer bearing Registration No.TN23-V-8103 and to allow this Criminal Revision Case.

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For Petitioner : Mr. R.Ramesh For Respondent : Mr. K. Prabakar, Addl. Public Prosecutor. ---O R D E R

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This criminal revision has been filed seeking to set aside the order dated 05.11.2019 passed by the learned Principal Sessions Judge, Vellore in Crl.M.P.No.4802 of 2019.

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During regular rounds, on 17.05.2019, the Village Administrative Officer, Kolatheri Village, intercepted a Tractor and Trailer bearing Registration No.TN23-V-8103 (belonging to the petitioner) containing one unit of sand. Upon seeing the VAO, the driver fled away from the scene of occurrence. A complaint was lodged before the respondent / Police by the VAO and the respondent / Police seized the vehicle and registered a case in Crime No.256 of 2019 on 17.05.2019 under Sections 379 and 430 IPC. Seeking return of Tractor and Trailer bearing Registration No.TN23-V-8103, the petitioner, being the owner filed Crl.M.P.No.4802 of 2019 under Section 451 Cr.P.C. before the learned Principal Sessions Judge, Vellore and the said petition was dismissed by order dated 05.11.2019, challenging which, the present petition has been filed.

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https://hcservices.ecourts.gov.in/hcservices/

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3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent / State.

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4.Learned Additional Public Prosecutor on instructions submitted that there is no previous case against the petitioner nor this vehicle involved in any other case earlier. Though the reasons given by the trial Court in dismissing the petition cannot be faulted, yet, this Court is of the view that if the vehicle remains in the custody of the police indefinitely, it will get deteriorated.

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In view of the guidelines given by the Supreme Court in Sunderbhai Ambalal Desai Vs. State of Gujarat [(2002) 10 SCC 290], this Court is of the view that interests of justice will be served, if the vehicle is ordered to be released to the petitioner on certain stringent conditions. The respondent police is directed to grant interim custody of the said vehicle bearing registration No.TN-23-V-8103 to the petitioner within a period of 7 days from the date of compliance of the below mentioned conditions:

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i. the petitioner shall deposit a sum of Rs.50,000/(Rupees fifty thousand only) before the jurisdictional Tahsildar as non-refundable deposit. After receipt of the above said amount,the same will have to be deposited by the Tahsildar, to the credit of the District Mines and Minerals Foundation trust as non-refundable deposit;

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ii.the petitioner shall execute a personal bond for a sum of Rs.10,000/- with two sureties each for a like sum to the satisfaction of the learned Principal Sessions Judge, Vellore. The petitioner and the sureties shall affix their photographs and give the copies of their Aadhaar Card;

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iii.the petitioner shall give an undertaking before the respondent/ authority concerned stating that he will not use the vehicle in question for any illegal activities in future and shall produce the same as and when required by the respondent and also the trial Court, failing which the respondent/trial Court is at liberty to confiscate the vehicle;

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iv.the petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned;

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v. the petitioner shall take photograph of the https://hcservices.ecourts.gov.in/hcservices/ vehicle and submit the same along with Compact

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Disc duly certified under Section 65-B of the Indian Evidence Act, 1872;

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vi.the petitioner shall surrender the original R.C. book before the learned Principal Sessions Judge, Vellore; and

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vii.the petitioner is also directed to participate in the enquiry to be conducted by the respondent.

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viii. It is also made clear that after release of the vehicle on complying with the conditions imposed by this court, if the said vehicle is found to be involved in any of the offence, it is always open to the respondent to proceed further for confiscation.

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ix.Petition relating to return of R.C. Book for any
purpose in the future, may be filed before the
learned Principal Sessions Judge, Vellore, who may
consider the same on merits.
6. This petition is allowed in the above terms.
Sd/-
Assistant Registrar(CS)
//True Copy//
Sub Assistant Registrar

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srk To 1. The Principal Sessions Judge, Vellore 2. The Inspector of Police, Walajapet Police Station, Vellore District

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3.The Public Prosecutor, High Court, Madras.

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4.The Judicial Magistrate No.II,Walajapet.

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+1cc to Mr.R.Ramesh, Advocate SR.No. 8343 (12/02/2020) Crl.R.C.No.182 of 2020

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A.SK(06/02/2020)

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https://hcservices.ecourts.gov.in/hcservices/

Rajamanickam v. State by

Case brief

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What did the court decide?

Rajamanickam v. State by

Case brief

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