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Madras High Court

K.Nagaraj vs State Represented By Its on 12 June, 2014

Author: T.S.Sivagnanam

Bench: T.S.Sivagnanam

       

  

  

 
 
 IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:  12.06.2014

Coram

The Honourable Mr.JUSTICE T.S.SIVAGNANAM

Criminal Revision Case No.555 of 2014

K.Nagaraj
										....  Petitioner
						Vs.

State represented by its
Inspector of Police
P.E.W.Krishnagiri
(Crime No.212 of 2014)
										....  Respondent


	PETITION under Section 397 of the Code of Criminal Procedure against the order dated 09.05.2014 in Crl.M.P.No.2118 of 2014 in Cr.No.212 of 2014 on the file of the learned Judicial Magistrate No.1, Krishnagiri.

		For Petitioner     :  Mr.M.Ramadoss					 
		For Respondent :  Mr.C.Emalias, A.P.P. 
O R D E R

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.

2. This Criminal Revision Petition, filed under Section 397 of the Code of Criminal Procedure, is directed against the order dated 09.05.2014 made in Crl.M.P.No.2118 of 2014 in Cr.No.212 of 2014 on the file of the learned Judicial Magistrate No.1, Krishnagiri.

3. The petitioner filed a petition under Section 451of the Code of Criminal Procedure seeking interim custody of vehicle, viz., Tata Sumo bearing Registration No.TN-29-A-5497. It is the case of the petitioner that the accused in Cr.No.212 of 2014 used his vehicle to go to hospital, but he did not return the same. Subsequently, the petitioner came to know that the vehicle in question was seized by the respondent and a case was registered against the said accused u/s 4(1)(a) r/w 4(1-A) of TNP Act. Since the petitioner is in no way connected with the crime, he seeks interim custody of the vehicle.

4. When the petition came up for hearing before the learned Judicial Magistrate, the prosecution submitted that the Investigating Agency has initiaged proceedings u/s 14(14) of TNP Act. Taking into consideration the submission made on behalf of the prosecution, the Court below dismissed the application. Challenging the said order, the present Criminal Revision Petition is filed before this Court.

5. Thus considering the facts and circumstances of the case and also the fact that confiscation proceedings have already been initiatied, this Court is of the view that the petitioner has made out a case for granting interim custody.

Accordingly, there will be a direction to the respondent to grant interim custody of the vehicle bearing Registration No. TN-29-A-5497 subject to the following conditions:

(i)the petitioner shall produce a Fixed Deposit Receipt for a sum of Rs.25,000/- (Rupees Twenty five thousand only), taken in any one of the Nationalised Bank for a period of one year standing on his name before the Court concerned, ;

(ii)the petitioner shall prove his ownerswhip of the vehicle by producing the R.C.Book and other relevant records and the trial Court can return the original R.C.Book after taking xerox copy of the same for the sole purpose of renewal of the same;

(iii)the petitioner shall give an undertaking that he will not alienate the vehicle and would produce the same as and when required; and

(iv)the petitioner shall also ensure that the vehicle will not be involved in any unlawful activities.

(v)the trial Court is directed to inform about the involvement of the vehicle in the crime, seizure and return of the vehicle by the orders of this Court to the Registering Authority.

This Criminal Revision Petition is disposed of accordingly.

12.06.2014 T.S.SIVAGNANAM,J.

gms To

1.The Inspector of Police P.E.W.Krishnagiri.

2.The Judicial Magistrate No.1, Krishnagiri.

12.06.2014