1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 26.07.2011 Coram: The Honourable Mr. Justice S.PALANIVELU Crl.RC.(MD).No.349 of 2011 N.Maharajan .. Petitioner Vs. The State, rep. by Sub Inspector of Police, Thalamuthu Nagar Police Station, Thoothukudi District. .. Respondent Criminal Revision Petition filed under Section 397 r/w. 401 of Criminal Procedure Code to call for the records on the file of the learned Judicial Magistrate No.II, Thoothukudi in Cr.M.P.No.1164 of 2011, dated 11.04.2011 dismissing the petition filed by the petitioner for release of vehicle and set aside the same by releasing the vehicle bearing Registration No.TAA 6984. For Petitioner : M/s.C.Jeyaprakash for Mr.M.Alagarsamy For Respondent : Mr.P.Kandasamy Additional Public Prosecutor O R D E R This Criminal Revision is preferred to set aside the order dated 11.04.2011, made in Cr.M.P.No.1164 of 2011, on the file of the Judicial Magistrate No.II, Thoothukudi. 2. The petitioner has been charged under Section 452 and 307 of IPC. Pending the case, he filed a petition in Cr.M.P.No.1164 of 2011 before the Court below under Section 451 of Cr.P.C. to give temporary custody of the vehicle, viz., the tractor bearing Registration No.TAA 6984 and trailer bearing Registration No.TN-48-2066. He has given undertaking that he would comply with the directions issued by the Court. The learned Additional Public Prosecutor before the Court below raised objections to give custody of the vehicle to the petitioner. 3. After hearing both sides, the learned Judicial Magistrate dismissed the application by stating that the vehicle is not in the name of the petitioner and that earlier, an application with the same prayer was dismissed and there is no change in circumstances in the present application and hence, this petition has also to be dismissed. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The learned counsel for the petitioner would submit that the petitioner purchased the vehicles from one Vadivel, son of Velayutham of Kovilpatty on 26.08.2010 on payment of Rs.90,000/-, for which the said Vadivel has executed a document of transfer in the presence of Notary Public. He further submits that because of certain inconvenience, he could not produce the transfer forms with the signatures of the said Vadivel before the Transport Authorities and hence, so far there has been no name transfer and that only if the vehicles are available, further process as regards registration may be taken up. 5. The learned Additional Public Prosecutor objects the claim. 6. In the considered view of this Court, the vehicles may be handed over to the petitioner on filing a proper affidavit by the said Vadivel and also on his personal appearance before the learned Judicial Magistrate. Hence, the order passed by the Court below has to be set aside and it is accordingly set aside. In the result, the Criminal Revision case is allowed directing the petitioner to produce the affidavit of his vendor, by name Vadivel, before the Court below and on satisfaction with the personal appearance of the said Vadivel, the learned Judicial Magistrate shall pass appropriate orders giving temporary custody of the vehicles to the petitioner with usual conditions. Sd/- Deputy Registrar (Writs) /True Copy/ Assistant Registrar To 1. The Judicial Magistrate No.II, Thoothukudi. 2. The Sub Inspector of Police, Thalamuthu Nagar Police Station, Thoothukudi District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to Mr.M.Alagarsamy, Advocate (SR.No.24707) Crl.RC.(MD).No.349 of 2011 26.07.2011 srm NSV/9.8.11/2P/5C https://hcservices.ecourts.gov.in/hcservices/