1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.798 of 2011 Yesuraj ... Petitioner Vs. State, represented by The Inspector of Police, Kulasekaram Police Station, Kanyakumari District. ... Respondent PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to issue a direction to the learned Judicial Magistrate, Padmanabhapuram to accept the vehicle surrender petition and to release the petitioner's TATA SUMO car bearing Registration No.TN-74- T-5270. For Petitioner :Mr.M.R.Sreenivasan For Respondents :Mr.L.Murugan, Govt. Advocate (Crl.side) O R D E R This Criminal Original Petition has been filed to issue a direction to the learned Judicial Magistrate, Padmanabhapuram to accept the vehicle surrender petition and to release the petitioner's TATA SUMO car bearing Registration No.TN-74-T-5270. 2. Heard Mr.M.R.Sreenivasan, learned counsel for the petitioner and Mr.L.Murugan learned Government Advocate (Criminal side) appearing for the State. 3. The learned Government Advocate (criminal side)appearing for the state would submit in his argument that a complaint has been registered in crime No.358 of 2010 on the file of the respondent police on a referral from the learned Judicial Magistrate under Section 156(3) Cr.P.C., against the petitioner and others and they have been granted anticipatory bail by this Court dated 12.01.2011 in Crl.O.P.No.382 of 2011. The petitioner is said to have committed the offence by using the vehicle bearing Registration No.TN-74-T-5270 for the purpose of taking away the articles belonging to one Lena, daughter of the defacto complainant. 4.The learned counsel for the petitioner would further submit in his argument that the alleged involvement of the vehicle is not correct and he has been utilising his Sumo car bearing Registration No.TN-74-T-5270 only as a Tourist Car for his livelihood. 5.Considering the submissions made by the learned counsel for the petitioner that the car is being used by the petitioner for his livelihood, this Court is inclined to pass an order, directing the petitioner to surrender his Sumo Car bearing Registration No.TN-74-T-5270 https://hcservices.ecourts.gov.in/hcservices/ 2 before the learned Judicial Magistrate, Padmanabhapuram, within a period of three days from the date of receipt of a copy of this order and the learned Judicial Magistrate is directed to accept the vehicle on filing a vehicle surrender petition in crime No.358 of 2010 and to release the petitioner's Sumo Car bearing Registration No.TN-74-T-5270 on the following conditions: (i) The petitioner is directed to produce a xerox copy of R.C.Book along with original book before the Court for verifying with the original and the learned Judicial Magistrate is directed to return the original pass book to the petitioner after verifying the same. ii)The interim custody of the vehicle viz. Sumo Car Tata make bearing Registration No.TN-74-T-5270 (Tata Sumo car), is ordered to be entrusted to the petitioner till the disposal of the case, on executing a bond for a sum of Rs.3,00,000/- (Rupees three lakhs only only) with two sureties each for a sum of Rs.2,00,000/- (Rupees two lakhs only) to the satisfaction of the Judicial Magistrate, Padmanabhapuram; 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 police for enquiry and before the trial Court for conduct the case. 6.With the above observation, this petition is ordered. Sd/- Deputy Registrar (LA) /True Copy/ Assistant Registrar To 1.The Inspector of Police, Kulasekaram Police Station, Kanyakumari District. 2.The Judicial Magistrate, Padmanabhapuram. 3.The Chief Judicial Magistrate, Kanyakumari at Nagercoil 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC TO MR. M.R. SREENIVASAN, ADVOCATE S.R NO. 3189 Crl.O.P.(MD)No.798 of 2011 27.01.2011 arul PAM 31.01.2011/6C/2P https://hcservices.ecourts.gov.in/hcservices/