1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2011 CORAM: THE HONOURABLE Mr.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.655 of 2011 and M.P.(MD) No.1 of 2011 P.Venu Rep.by his Power Holder S.Mohan Indra Colony, Koothavillai, Mondaikadu Post. ... Petitioner Vs. The State of Tamil Nadu rep. by its The Sub Inspector of Police, Colachel Police Station, Kanyakumari District ... Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the Auto Ricksaw of Bajaj make bearing Registration No.TN- 74-T-5663 with Engine No.AEMBPB15340 of 2000 year model with Tourer Type of Body concerned in crime No.313 of 2010 on the file of the Sub Inspector of Policel Eraniel Police Station, Kanyakumari District, be returned to the petitioner, pending disposal of the investigation. For Petitioner : Mr.S.Subbiah For Respondents : Mr.L.Murugan, Govt. Advocate (Crl. Side) O R D E R This petition has been filed to direct the Auto Ricksaw of Bajaj make bearing Registration No.TN-74-T-5663 with Engine No.AEMBPB15340 of 2000 year model with Tourer Type of Body concerned in crime No.313 of 2010 on the file of the Sub Inspector of Policel Eraniel Police Station, Kanyakumari District, be returned to the petitioner, pending disposal of the investigation. 2. Heard Mr.S.Subbiah, the learned counsel appearing for the petitioner as well as Mr.L.Murugan, learned Government Advocate (criminal side) appearing for the State. 3. The learned counsel appearing for the petitioner would submit in his argument that he police registered a case in Crime No.313 of 2010 for the offences under Section 366(A) I.P.C. and in pursuant to it, the petitioner/accused was arrested and subsequently released on bail. The police seized the petitioner/accused person's Auto Ricksaw of Bajaj make bearing Registration No.TN-74-T-5663 with Engine https://hcservices.ecourts.gov.in/hcservices/ 2 No.AEMBPB15340 of 2000 year model with Tourer Type of Body, which belongs to the petitioner/accused who is the registered owner. Subsequently the petitioner/accused filed C.M.P.No.6766 of 2006 before the District Munsif cum Judicial Magistrate, Eraniel for obtaining interim custody of the vehicle. But the learned Magistrate dismissed it on the ground that the petitioner is only the power agent of the owner of the vehicle and he produced an unregistered power deed. Therefore, he would request the Court to return the vehicle viz., Auto Rickshaw of Bajaj make bearing Registration No.TN-74-T-5663 with Engine No.AEMBPB15340 of 2000 year model with Tourer Type of Body to the petitioner. 4. The learned Government Advocate (criminal side) would submit in his argument that the petitioner is not the owner of the vehicle and he is the power agent of the owner and if for any reasons, the vehicle is returned to the petitioner, suitable conditions may be passed to the petitioner for returning the vehicle. 5. Consdiering the submissions made on either side, this Court is inclined to grant interim custody of the vehicle on proof of power agent and deposit of xerox copy of R.C. Book after verifying with the original of the same before the lower Court subject to the following conditions: i) The interim custody of the vehicle viz.m, Auto Ricksaw of Bajaj make bearing Registration No.TN-74-T-5663 with Engine No.AEMBPB15340 of 2000 year model with Tourer Type of Body, is ordered to be entrusted to the petitioner till the disposal of the case, on executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties each for a like sum to the satisfaction of the District Munsif cum Judicial Magistrate, Eraniel; ii) The petitioner is directed to file an affidavit of the real owner of the vehicle confirming the power deed executed by him in favour of the petitioner; iii) The petitioner shall not alter, alienate or encumber, in any manner the said vehicle till the disposal of the case. iv) The petitioner shall produce the vehicle, as and when required by the trial Court. 6. With the above observation, this petition is ordered. Consequently, connected miscellaneous petition is closed. Sd/- Deputy Registrar (Writs) /True Copy/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1. The District Munsif -cum- Judicial Magistrate, Eraniel. 2. The Sub Inspector of Police, Colachel Police Station, Kanyakumari District. 3. The Sub Inspector of Police, Eraniel Police Station, Kanyakumari District. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to Mr.S.Subbiah, Advocate (SR.No.2336) Crl.O.P.(MD)No.655 of 2011 21.01.2011 arul NSV/24.1.11/3P/6C https://hcservices.ecourts.gov.in/hcservices/