Allowed

Muthu @ Muthukumar @ Muthukumarasamy v. State Represented by

Madras HC25 Aug 2020CRL RC/597/2020

Case brief

AI extract

What is this about?

The High Court allowed a criminal revision petition to set aside an order refusing interim custody of a vehicle. The court directed the police to release the tractor on stringent conditions once the petitioner deposited a sum and executed specific bonds.

What did the court decide?

The order dated 15.07.2020 refusing interim custody was set aside. Police directed to grant custody within 7 days upon fulfillment of conditions including deposit of Rs.50,000, execution of bond, and

Muthu @ Muthukumar @ Muthukumarasamy Vs State Represented by — Property and Title | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 25.08.2020

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CORAM

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THE HON'BLE Mr. JUSTICE P.N. PRAKASH

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Crl.R.C.No.597 of 2020

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Muthu @ Muthukumaran

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@ Muthukumarasamy ... Petitioner/A-2 owner of the vehicle Vs.

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State represented by The Inspector of Police, Thiruvenkadu Police Station, Nagapattinam District. (Crime No.58 of 2020) ... Respondent/Complainant

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Prayer: Criminal Revision filed under Section 397 r/w 401 Cr.P.C. seeking to set aside the order dated 15.07.2020 passed in Crl.M.P.No.1785 of 2020 on the file of the District and Sessions Court, Nagapattinam.

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For Petitioner : Mr.M.Vinoth For Respondent : Mr.K.Madhan Government Advocate (Crl. Side) O R D E R

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This case is taken up through video conferencing.

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This criminal revision has been filed seeking to set aside the order dated 15.07.2020 passed in Crl.M.P.No.1785 of 2020 on the file of the District and Sessions Court, Nagapattinam.

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The petitioner is the owner of the vehicle (Mahindra Tractor) bearing Registration No.TN-82-X-3735 and let the same on hire. The petitioner's vehicle was seized on 19.03.2020, while transporting one unit of savudu sand and a case was registered in Crime No 58 of 2020 for the offences under Section 379 IPC and Section 21(1) of the Mines and Minerals (Development & Regulation) Act, 1957. The petitioner filed Crl.M.P.No.1785 of

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

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2020 before the District and Sessions Court, Nagapattinam, under Section 451 Cr.P.C. for interim custody of the vehicle, which was dismissed on 15.07.2020, challenging which, the petitioner has preferred the present revision petition.

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Heard Mr.M.Vinoth, learned counsel for the petitioner and Mr.K.Madhan, learned Government Advocate (Crl. Side) appearing for the respondent/State.

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It is seen that the seizure was effected on 19.03.2020 and the vehicle is in the police station open to sun and rain. Admittedly, there is no previous case pending against the petitioner.

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Taking into consideration the aforesaid facts and in view of the guidelines given by the Supreme Court in Sunderbhai Ambalal Desai Vs. State of Gujarat¹ , 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-82-X-3735 to the petitioner within a period of 7 days from the date of compliance of the below mentioned condition Nos.(i) to (iii) :

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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, Nagapattinam as non-refundable deposit;

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(ii The petitioner shall execute a personal bond for a ) sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties each, for a like sum to the satisfaction of the District and Sessions Court, Nagapattinam. The petitioner and the sureties shall affix their photographs and give the copies of their Aadhaar Card;

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1(2002) 10 SCC 290

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

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(ii The petitioner shall give an undertaking before the i) 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 vehicle and submit the same along with Compact 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 District and Sessions Court, Nagapattinam; and

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(vi The petitioner is also directed to participate in i) the enquiry to be conducted by the respondent.

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Petition relating to return of R.C. Book for any purpose in the future, may be filed before the District and Sessions Court, Nagapattinam, who may consider the same on merits, though this order has been passed by the High Court.

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This petition is allowed in the above terms and the order dated 15.07.2020 passed in Crl.M.P.No.1785 of 2020 on the file of the District and Sessions Court, Nagapattinam, is set aside.

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Sd/-

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Assistant Registrar //True Copy// Sub Assistant Registrar

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1.The District and Sessions Judge, Nagapattinam.

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