1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2011 CORAM: THE HONOURABLE MR. JUSTICE M.M.SUNDRESH CRL.O.P.(MD)No.878 of 2011 M/s.Cholamandalam DBS Finance Ltd., Now Known as Cholamandalam Investment and Finance Company Limited, Represented by its Area Legal Manager(VF), C.Bhagyaraj Kalavasal, Madurai 16. ... Petitioner /3rd Party Vs. 1.State represented by:: The Sub-Inspector of Police, Usilampatti Town Police Station, Usilampatti, Madurai District. 2.R.Bhojan .. Respondents/Complainants and Respondent PRAYER: This Criminal Original Petitions have been filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent to release the vehicle Mahindra Single Cab bearing Registration No.TN-57-S- 2932, without any condition, to the petitioner. For Petitioner : Mr.I.Irulappan for M/S. G.R. Swaminathan For R-1 : Mr.K.V.Rajarajan,Govt. Advocate(Crl. Side) For R-2 : Mr.M.Thavasupandi ORDER This Criminal Original Petition has been filed to direct the first respondent to release the vehicle Mahindra Single Cab bearing Registration No.TN-57-S-2932, without any condition, to the petitioner. 2. Heard the learned counsel for the petitioner and the learned Learned Government Advocate (Crl. Side) for the first respondent and the learned counsel appearing for the second respondent. 3. This petition has been filed by a third party who is the financier of the vehicle which was involved in the offence. The second respondent earlier filed an application before the trial Court seeking for the custody of the vehicle. The petition filed by the second respondent was ordered, but the vehicle has not been released. Thereafter the second respondent filed a petition before this Court in Crl.O.P(MD)No.2446 of 2010 and this Court has also directed the first respondent to release the vehicle. However, the second respondent has not taken any steps to take the custody of the vehicle in spite of the order passed by the trial Court as well as by this Court. 4. Since the vehicle is in the custody of the first respondent exposed to sun and rain without being used, the petitioner who is the financier has come forward to file this petition. https://hcservices.ecourts.gov.in/hcservices/ 2 5. The learned counsel appearing for the second respondent submitted that the second respondent has got no objection for handing over the vehicle in favour of the petitioner. 6. In such view of the matter, a direction is issued to the first respondent to hand over the vehicle to the petitioner subject to the following conditions: (i) the petitioner shall produce the original documents relating to the vehicle, with the custody of the learned Judicial Magistrate No.1, Usilampatti; (ii) the petitioner shall produce the vehicle as and when required by the Court concerned; and (iii) The petitioner shall not alienate the vehicle in any manner; 7. This Criminal Original Petition is ordered accordingly. SD ASST REGISTRAR ( CO ) /TRUE COPY/ SUB ASST REGISTRAR pm To 1.The Judicial Magistrate No.1, Usilampatti. 2.Do Thro' The Chief Judicial Magistrate, Madurai. 3.The Sub-Inspector of Police, Usilampatti Town Police Station, Usilampatti, Madurai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 1CC TO MR. G.R. SWAMINATHAN, ADVOCATE, SR: 32976: DM:2011:SEP:28:: Crl.O.P(MD)No.878 of 2011 22.09.2011 2P:6C:; https://hcservices.ecourts.gov.in/hcservices/