Madras High Court
Mariappan @ Kalluvandi Mari vs Tamil Nadu State Govt. Rep By Its on 11 August, 2018
Author: G.Jayachandran
Bench: G.Jayachandran
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.08.2018
CORAM
THE HON'BLE MR.JUSTICE G.JAYACHANDRAN
Crl.R.C.(MD) No.434 of 2018
Mariappan @ Kalluvandi Mari ...Petitioner / Petitioner
Vs.
Tamil Nadu State Govt. rep by its
S.I. of Police,
Seevalaperi P.S.,
Cr.No.34 of 2018 ...Respondent /Respondent
PRAYER:Criminal Revision Petition - filed under Section 397 r/w 401 of
Criminal Procedure Code, to call for the records relating to impugned order
passed by learned Judicial Magistrate No.III, Tirunelveli made in
Cr.M.P.No.1405 of 2018 dated 18.04.2018 and set aside the same.
!For Petitioner : Mr.S.Sundarapandian
^For Respondents : Mr.Robinson,
Government Advocate (Crl.Side)
:ORDER
The petitioner has filed this petition seeking return of vehicle bearing registration No.TN 58 B 9496 TATA 407 Mini Tipper Lorry for interim custody.
2.The contention of the petitioner is that the vehicle was seized by the respondent police alleging that the vehicle was used to transport the river sand illicitly.
3.The trial Court had dismissed the petition filed for return of property on the ground that the very same vehicle had been used to transport the river sand on earlier two occasions. After getting interim custody of the vehicle, the petitioner herein has repeated the same crime for the third time and therefore, the vehicle could not be returned.
4.Considering the facts of the case and the judgment of the Hon'ble Supreme Court reported in AIR 2003 SC 638 in the case of Sunderbhai Ambalal Desai vs. State of Gujarat, this Court is of the opinion that instead of keeping the vehicle in idle exposing to sun and rain, the vehicle may be returned to the petitioner. The respondent is directed to return the vehicle of the petitioner on condition that the petitioner shall deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs only) in cash in Cr.M.P.No.1405 of 2018, on the file of the learned Judicial Magistrate No.III, Tirunelveli and submit the original R.C., book of the vehicle to the Court below. The trial Court shall impose any other condition, if necessary and deem fit. If this vehicle is found involved in transport of sand illicitly, the money deposited by the petitioner will be forfeited to the state.
5.This Criminal Original Petition is disposed of, accordingly.
To
1.Tamil Nadu State Govt. rep by its S.I. of Police, Seevalaperi P.S., Cr.No.34 of 2018
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
.