1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.06.2011 CORAM THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN Crl.R.C.(MD) No.474 of 2011 and M.P.(MD) No.1 of 2011 K.Pandian ... Revision Petitioner Vs. The State represented through: Sub Inspector of Police, Cheranmahadevi Police Station, In Crime No.85/2011 ... Respondent/Complainant Prayer: Criminal Revision Case is filed under Sections 397 read with 401 of the Criminal Procedure Code, praying to set aside the order dated 19.05.2011 passed in Cr.M.P.No.2096 of 2011 in Cr.M.P.No.1354 of 2011 on the file of the Court of Judicial Magistrate, Cheranmahadevi. For petitioner : Ms.G.Maruthiah For Respondent : Mr.P.Kandasamy Government Advocate (Criminal side) O R D E R By consent, the Criminal Revision Case itself is taken up for final disposal. 2. The learned counsel appearing for the revision petitioner would submit that the revision petitioner is the owner of the Tata Indigo Car bearing registration No.PY-01-BA-7662 and the said vehicle was alleged to have been involved in the commission of the offence in Crime No.85 of 2011 registered by the respondent police and the petitioner is not the accused. 3. It is further submitted by the learned counsel appearing for the revision petitioner that the petitioner moved a petition under Section 451 of Cr.P.C. for the interim custody of the vehicle in Cr.M.P.No.1354 of 2011 and the lower Court vide order dated 01.04.2011 has ordered interim custody in favour of the petitioner subject to the following conditions: (i) the revision petitioner shall execute a bond for a sum of Rs.2,00,000/- with two sureties each for a likesum. (ii) the revision petitioner shall produce solvency certificate issued by the jurisdictional Tahsildar. (iii) the revision petitioner after obtaining interim custody shall not alienate or alter the physical features or mortgage the vehicle till the disposal of the case. (iv) the revision petitioner shall produce the vehicle for inspection on the first working day of every English Calender month at 10.30 A.M. 4. It is the further submission of the learned counsel appearing for the revision petitioner that he has fully complied with the condition Nos. https://hcservices.ecourts.gov.in/hcservices/ 2 (i) to (iv) and at the time of executing the bonds he has handed over the original documents and since the petitioner is suffering due to back pain, he is unable to produce the vehicle for inspection before the lower Court and therefore, he filed Cr.M.P.No.2096 of 2011 praying for the modification of the conditions with regard to the production of the vehicle monthly once at 10.30 A.M. The lower Court taking into consideration the facts and circumstances of the case found that the said condition cannot be said to be unreasonable and therefore, dismissed the petition vide order dated 19.05.2011 and challenging the vires of the same, the present Criminal Revision Case is filed. 5. The learned counsel appearing for the petitioner would submit that in view of the physical conditions of the petitioner, he is unable to drive the vehicle for the purpose of producing the same for inspection before the said Court and the said condition may be relaxed. 6. Per contra, the learned Government Advocate (Criminal side) would submit that the revision petitioner was directed to produce the vehicle monthly once and the said condition cannot be said to be unreasonable and prayed for dismissal of the petition. 7. Taking into consideration the rival submissions and also the materials available on record and also the fact that the petitioner has fully complied with the conditions and at the time of executing the bonds he has handed over the original documents pertaining to the vehicle to the custody of the Court, this Court is of the view that the condition No.4 imposed in the order dated 01.04.2011, made in Cr.M.P.No.1354 of 2011 requires modification. 8. In the result, the Criminal Revision Case is allowed and the order dated 19.05.2011 made in Cr.M.P.No.2096 of 2011 is set aside and the revision petitioner shall produce the vehicle TATA Indigo Car bearing registration No.PY-01-BA-7662 before the Judicial Magistrate, Cheranmahadevi as and when required and in other respects, the order dated 01.04.2011 made in Cr.M.P.No.1354 of 2011 stands confirmed. Consequently, connected M.P.(MD) No.1 of 2011 is closed. SD DEPUTY REGISTRAR ( ACCOUNTS ) /TRUE COPY/ ASST REGISTRAR sj To: 1.The Judicial Magistrate, Cheranmahadevi. 2.The Sub Inspector of Police, Cheranmahadevi. 3.The Addl. Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 1CC TO MR. G. MARUTHAIAH, ADVOCATE, SR: 20553: DM::2011:JULY::07:: Crl.R.C.(MD) No.474 of 2011 and M.P.(MD) No.1 of 2011 2P:5C::` https://hcservices.ecourts.gov.in/hcservices/