P. Kasthuri vs State

C.S. Karnan, J.—The petitioner has come forward with this petition, challenging the order of the learned District Munsif-cum-Judicial Magistrate, Munsif-cum-Judicial Magistrate, Sriperumbudur, dismissing the petition filed by the petitioner for return of the vehicle viz. Suzuki Motor Two Wheeler bearing Registration No. TN-09 BA 9889. The petitioner, who is the owner of the two wheeler, is not an accused and the accused in this case for the offence punishable under Sections 4(1)(aaa) and 4(1-A) of TNP Act read with Sections 6 and 11 of RS Rules is alleged to have used the motor cycle bearing Registration No. TN-09 BA 9889 for committing the offence.

The learned counsel for the petitioner submits that the petitioner does not have any knowledge about the commission of the offence and she has got valid documents to substantiate that she is the owner of the vehicle. He also submits that the vehicle is exposed to sun and rain and its is deteriorating day by day. The learned counsel further submits that the petitioner is willing to abide by any condition.

The learned Government Advocate (Crl. Side) submits that investigation is pending and since the vehicle is involved in the offence, seizure has been effected during the course of investigation.

Heard the learned Government Advocate (Crl. Side) and perused the materials available on record.

On considering the submission of both sides, this Court is inclined to permit the petitioner to receive his vehicle on condition that:

a) the petitioner shall prove his ownership of the vehicle by producing the R.C. Book and other relevant records.

b) the petitioner shall not alienate the vehicle in any manner;

c) the petitioner shall execute a bond for a sum of Rs. 25,000/- (Rupees twenty five thousand only), with two sureties, each for a like sum;

d) the vehicle should not be alienated or transferred to third parties till disposal of the case in Crime No. 533 of 2011, on the file of the District Munsif-cum-Judicial Magistrate, Sriperumbudur; and

e) the petitioner shall give an undertaking that she will not use the vehicle for any illegal activities in future and also to produce the vehicle as and when required by the respondent police.

Accordingly, the Criminal Revision is allowed.