1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2011 CORAM: THE HONOURABLE Mr.JUSTICE C.T.SELVAM Crl.R.C.(MD)No.105 of 2011 C.Baskara Sethupathi .. Petitioner Vs. The Sub-Inspector of Police, Economic Offences Wing, Tiruchirappalli. (Ref: Crime No.2 of 2010) .. Respondent Prayer : Criminal revision Petition filed under Section 397 r/w 401 and 482 Cr.P.C., to call for the records pertaining to the order passed in Crl.M.P.No.65 of 2011 in Crime No.2 of 2010 dated 31.01.2011 by the learned Special Judge under TNPID Act Madurai and set aside the first condition imposed therein and consequently direct the court to return the Maruti Suzuki, Alto Car bearing Registration Number TN 37 BD 4396 to the petitioner as interim custody on production of photo copy of the Registration Certificate. For Petitioner : Mr.D.Shanmuga Sethupathi For Respondent : Mr.R.M.Anbunithi, Govt. Advocate (Crl. Side) O R D E R This revision arises against the order of the learned Special Judge under TNPID Act, Madurai in Crl.M.P.No.65 of 2011 dated 31.01.2011. By the order under challenge, the lower Court has directed interim custody of vehicle viz., Maruti Suzuki Alto Car bearing Registration Number TN 37 BD 4396 to the petitioner. One of the conditions imposed by the lower Court is that the petitioner should surrender the RC Book and Registration Certificate to the vehicle before it. 2. Learned counsel for the petitioner informs the inability to comply with such condition since the vehicle has been purchased through finance obtained from M/s.Shriram Transport Finance Company Ltd., and the vehicle is hypothecation of such company. Therefore, the registration certificate is held by such financier. https://hcservices.ecourts.gov.in/hcservices/ 2 3. Learned Government Advocate would state that several complaints are being received against the petitioner and crime No.2/2010 has been registered for offence under Section 420 I.P.C. and Section 5 of Tamil Nadu Protection of Interest of Depositors Act. Even thus for it is seen that as many as 60 persons have been duped of a sum of Rs.37,84,000/-. 4. Considering the rival submissions, this Court is of the view that the consideration that weighed with the lower Court viz. that the vehicle would go to waste by exposure to sun and rain, are well founded and the condition imposed, in the circumstances, makes the order unworkable. Therefore while upholding the order of the lower Court in all other respects, the condition requiring the petitioner to surrender the registration certificate to the vehicle shall stand deleted. 5. The above order is without prejudice to any action that may be initiated against the properties of the petitioner, inclusive of the vehicle in question under the provisions of the Tamil Nadu Protection of Interest of Depositors Act. 6. With the above said observation, this petition is allowed. Sd/- Deputy Registrar(W) /True Copy/ Assistant Registrar To 1.The Sub-Inspector of Police, Economic Offences Wing, Tiruchirappalli. 2.Special Judge under TNPID Act, Madurai. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.D.Shanmugaraja Sethupathi, Advocate, Sr.No.5186 Crl.R.C.(MD)No.105 of 2011 10.02.2011 vsm SMA/01.03.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/