R. Ayyanar vs State, by the Inspector of Police

V. Kanagaraj, J.—The above Criminal Revision Case is filed praying to set aside the order dated 28.9.2004 made in C.M.P. No. 2803 of

2004 by the Court of Judicial Magistrate No. 1, Poonamallee, thereby dismissing the petition filed by the petitioner under Sections 451 Cr.P.C. for

return of the L.M.V. Autorickshaw lorry bearing Registration No. TN-22-AA-7573 which is alleged to have been involved in a case registered for

the offence punishable under Sections 4(1)(aaa) and 4(1-A) of the T.N.P. Act.

On a perusal of the materials placed on record and upon hearing the learned counsel for both, it comes to be known that the petitioner is the

accused in the case and the owner of the vehicle in question which was seized by the respondent police in connection with the above case. Since

the petition filed by the petitioner before the trial Court praying return of the vehicle was dismissed on ground that the petitioner is the accused in

the case, the petitioner has come forward to file the above revision case on ground that if the vehicle is allowed to remain in the police station, it will

get damaged and also will looks its value.

Considering all the facts and circumstances of the case, since it is not disputed that the petitioner is the owner of the vehicle and further if the

vehicle is kept idle, there is every possibility of the vehicle getting damaged, this Court is of the view that the prayer of the petitioner could be

ordered favourably, but with the following conditions:

In result,

(i) the above Criminal Original Petition is allowed.

(ii) The order dated 28.9.2004 made in C.M.P. No. 2803 of 2004 by the Court of Judicial Magistrate No. I, Poonamallee is hereby set aside.

(iii)The L.M.V. Autorickshaw bearing Registration No. TN-22-AA-7573 is ordered to be given in custody to the petitioner on condition that the

petitioner shall execute a bond for a sum of Rs. 30,000/- (Rupees Thirty thousand Only) with two sureties for a like sum each to the satisfaction of

the Judicial Magistrate No. 1, Poonamallee. The sureties to be men/women of status and they shall cause production of their family cards and

original documents of title deeds of immovable property for verification. However, no surety certificate either from the Village Administrative

Officer or the Tahsildar concerned need be necessary.

(iv) The petitioner is directed to surrender the R.C. Book before the Court below.

(v) The petitioner is further directed not to alienate or encumber the said vehicle, pending disposal of the criminal case.

(vi) The petitioner is directed not to alter the physical condition of the vehicle.

(vii)The petitioner shall cause production of the vehicle before the Court of Judicial Magistrate No. I, Poonamallee at 10.00 a.m. on every first

working day of the month, until further orders.