1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 03.08.2011 Coram: The Honourable Mr. Justice S.PALANIVELU Crl.RC.(MD).No.638 of 2011 Vijayarani .. Revision Petitioner/Petitioner vs. State through The Inspector of Police, Manapparai Police Station, in Crime No.313 of 2011, Trichy District. .. Respondent/Complainant Criminal Revision Petition filed under Section 397 and 401 of Criminal Procedure Code to call for the records from the lower Court and to set aside the order dated 21.07.2011 passed in Cr.M.P.No.4663 of 2011 in R.P.No.159 of 2011 on the file of the learned Judicial Magistrate, Manapparai, Trichy District by allowing the revision. For Petitioner : M/s.M.Ramu For Respondent : Mr.P.Kandasamy Government Advocate (Crl. side) O R D E R This Criminal Revision is preferred to call for the records from the lower Court and to set aside the order dated 21.07.2011 passed in Cr.M.P.No.4663 of 2011 in R.P.No.159 of 2011 on the file of the learned Judicial Magistrate, Manapparai, Trichy District. 2. Heard both sides. 3. The petitioner is the owner of the Maruti Omni van bearing Registration No.TN-59-AE-0794 which has been seized in the case in Crime No.313 of 2011, on the file of the respondent police. The petitioner filed an application in Cr.M.P.No.4663 of 2011 under Section 451 Cr.P.C. to entrust custody of the vehicle. In the petition, she has stated that she is the owner of the vehicle, that there is no connection between the Omni van and the occurrence, that if the vehicle is allowed to remain in the police station, it will be rendered useless and that she is prepared to produce the same whenever directed by the Court. 4. The learned Assistant Public Prosecutor requested the learned Judicial Magistrate to dismiss the application by stating that since the investigation is not completed, it is not desirable to give custody of the vehicle to the petitioner. 5. The learned Assistant Public Prosecutor raised objection for the temporary custody of the vehicle. The leaned Judicial Magistrate has observed that the accused have utilised the vehicle in kidnapping the deceased, that they have assaulted the deceased in the car and that every possibility for the bloodstains to be present in the van and if the vehicle is given custody to the petitioner during the pendency of the investigation, there may be prejudice to the respondent police. https://hcservices.ecourts.gov.in/hcservices/ 2 6. It is to be noted that the learned Judicial Magistrate has not gone through any records to record a finding that in the van bloodstains may be available. It is not the objection raised before the Court below by the Assistant Public Prosecutor. It is stated that the investigation is almost over. The charge sheet is yet to be laid. In these circumstances, even if the vehicle is given custody to the petitioner the further investigation will not suffer. If the vehicle is kept in the police station in open place, it will get deteriorated and the value will also be lessened. The C.D. file was produced before this Court. In the seizure mahazar related to the vehicle, there is no mentioning about any bloodstain in the Maruti van. 7. In these circumstances, this Court is of the considered view that temporary custody of the vehicle may be given to the petitioner on the following conditions:- i) the petitioner shall furnish a personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) to the satisfaction of the learned Judicial Magistrate, Manapparai, Trichy District. ii) the petitioner shall produce the vehicle before the learned Judicial Magistrate, as and when required; and iii) the petitioner shall prove her ownership of the vehicle by producing the R.C. Book and other relevant records; and iv) the petitioner shall not alienate the vehicle in any manner; v) the petitioner shall give an undertaking that he will not use the vehicle for any illegal activities in future." With the above conditions, this criminal revision case is allowed. SD/- Assistant Registrar (W) /True copy/ Sub Assistant Registrar(C.S) To The Judicial Magistrate, Manapparai, Trichy. +1. CC to Mr.M.Ramu, Advocate, SR.No. 26016 srm Crl.RC.(MD).No.638 of 2011 03.08.2011 TR : 05.08.2011: 2p/3c : IT https://hcservices.ecourts.gov.in/hcservices/