Allowed

Maneeswaran v. The State of Tamil Nadu

Madras HC10 Sept 2024CRL RC(MD)/859/2024

Case brief

AI extract

What is this about?

Revision against dismissal of interim custody application for a tractor seized for alleged illegal transport of red sand. The High Court set aside the order and returned the vehicle to its owner on conditions including a deposit to the District Mineral Foundation Trust, bond with sureties, and production of the registration certificate.

What did the court decide?

Tractor TN-60-AM-0214 ordered returned to petitioner for interim custody on conditions: Rs.25,000 deposit, Rs.3 lakh bond with two sureties, RC deposit, no alienation/alteration, production when requi

Maneeswaran Vs The State of Tamil Nadu — Property and Title | Madras HC (2024)

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Crl.R.C.(MD)No.859 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 10.09.2024

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CORAM

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THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

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Crl.R.C.(MD)No.859 of 2024

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Maneeswaran ... Petitioner

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Vs.

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State through The Sub Inspector of Police, Aundipatti Police Station, Theni District. (Crime No.317 of 2024) ... Respondent

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PRAYER : Criminal Revision Petition filed under Section 438 r/w 442 BNSS, to call for the records relating to the order passed by the learned Judicial Magistrate, Aundipatti in Crl.M.P.No.3806 of 2024 dated 13.08.2024 and set aside the same and allow this revision petition.

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For Petitioner : Mr.C.Susi Kumar For Respondent : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side)

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ORDER

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The Criminal Revision is directed against the order passed in Crl.M.P.No.3806 of 2024 in Crime No.317 of 2024 dated 13.08.2024 on

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Crl.R.C.(MD)No.859 of 2024

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the file of the Judicial Magistrate, Aundipatti, dismissing the petition filed under Section 497 B.N.S.S.

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The petitioner claims to be the owner of Tractor bearing Registration No.TN-60-AM-0214. On 23.07.2024, the respondent police has registered a case in Crime No.317 of 2024 for the offences under Section 303(2) BNS and Section 21(4) of Mines and Minerals (Development & Regulation) Act, 1957 and seized the above said vehicle bearing Registration No.TN-60-AM-0214 for the alleged illegal transportation of red sand.

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It is not in dispute that the petitioner has approached the learned Judicial Magistrate, Aundipatti for returning of the said vehicle in Crl.M.P.No.3806 of 2024 and the learned Judicial Magistrate, vide order dated 13.08.2024, has dismissed the petition. Aggrieved by the order of dismissal, the petitioner has now come forward with the present revision.

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Heard the learned counsel appearing for the petitioner and the

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learned Government Advocate (Criminal Side) appearing for the

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Crl.R.C.(MD)No.859 of 2024

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respondent.

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The learned Government Advocate (Criminal Side) appearing for the respondent would submit that the petitioner is the owner of the vehicle, that the petitioner is the third accused, that the petitioner was having one previous case for the offence under IPC and in that case, he was acquitted and that the said vehicle was not involved in any other cases.

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The learned counsel appearing for the petitioner would submit that the vehicle bearing Registration No.TN-60-AM-0214 is owned by the petitioner, that the said vehicle has no connection whatever with the alleged occurrence, that the vehicle is with the police for the past two months, that if the vehicle is kept in open place, the value of the said vehicle will get deteriorated and that therefore interim custody may be granted to the petitioner.

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Considering the facts and circumstances of the case and also the fact that if the vehicle is kept in open place exposing to sun and rain, the

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Crl.R.C.(MD)No.859 of 2024

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value of the vehicle will be deteriorated and no purpose will be served in keeping the vehicle in custody, this Court is inclined to allow the revision and thereby setting aside the impugned order dated 13.08.2024 passed in Crl.M.P.No.3806 of 2024, by the learned Judicial Magistrate, Aundipatti.

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Accordingly, this Criminal Revision Petition is allowed and the order dated 13.08.2024 passed in Crl.M.P.No.3806 of 2024 by the learned Judicial Magistrate, Aundipatti, is hereby set aside and the vehicle/Tractor bearing Registration No.TN-60-AM-0214, is ordered to be returned to the petitioner for interim custody subject to the confiscation proceedings to be taken by the concern Department or by the Court on the following conditions:-

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(a) the petitioner is directed to deposit a sum of Rs.25,000/(Rupees Twenty Five Thousand only) as non-refundable deposit for the said vehicle to the credit of the District Mineral Foundation Trust, Theni District;

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(b) the petitioner shall execute a bond for a sum of Rs.3,00,000/-

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(Rupees Three Lakhs only), with two sureties for a likesum to

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Crl.R.C.(MD)No.859 of 2024

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the satisfaction of the learned Judicial Magistrate, Aundipatti;

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(c) the petitioner shall deposit the original Registration Certificate of the vehicle before the learned Judicial Magistrate, Aundipatti;

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(d) the petitioner shall not alienate and shall not make any alteration in the vehicle;

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(e) the petitioner shall produce the vehicle before the Court and before the respondent police as and when required;

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10.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm

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1.The Judicial Magistrate, Aundipatti.

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2.The Sub Inspector of Police, Aundipatti Police Station, Theni District.

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3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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Crl.R.C.(MD)No.859 of 2024

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K.MURALI SHANKAR,J.

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csm

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Order made in Crl.R.C.(MD)No.859 of 2024

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Dated: 10.09.2024

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Maneeswaran v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

Maneeswaran v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

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