1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 09.09.2011 Coram: THE HONOURABLE MR.JUSTICE S.PALANIVELU Crl.R.C.(MD).No.753 of 2011 K.Karuppasamy Thevar ... Petitioner Vs State represented by the Sub-Inspector of Police, Masarpatti Police Station, Tuticorin District. (Crime No.69 of 2011) ... Respondent Prayer: Criminal Revision Petition filed under Section 397 r/w. 401 of Criminal Procedure Code against the order passed in Cr.M.P.No.5575 of 2011 in Crime No.69 of 2011 dated 22.07.2011 by the learned Judicial Magistrate, Vilathikulam as the same is liable to be set aside. For Petitioner : M/s. A.Jayaramachandran For Respondent : Mr.P.Kandasamy Govt. Advocate (Crl.side) O R D E R This Criminal Revision is preferred against the order passed by the learned Judicial Magistrate, Vilathikulam in Cr.M.P.No.5575 of 2011, dated 22.07.2011. 2. The petitioner is the owner of the vehicle bearing registration No.TCB 6661. The vehicle is said to have involved for the offences under Section 379 I.P.C. and 21(1) 4(i) of Mines and Minerals Act, 1957. The petitioner filed an application under Section 451 of Cr.P.C. before the Court below for interim custody of the vehicle. The learned Judicial Magistrate, Vilathikulam ordered the application on condition that the petitioner shall execute a bond for a sum of Rs.15 lakhs with two sureties. 3. The learned counsel for the petitioner would submit that the said condition is an onerous one and if the vehicle is kept in the police station, it would left uncared and the engine and other spare parts will get deteriorated by exposure to sun and rain. The learned counsel for the petitioner placed reliance https://hcservices.ecourts.gov.in/hcservices/ 2 upon a decision reported in AIR 2003 Supreme Court 638 (Sunderbhai Ambalal Desai v. State of Gujarat), wherein Their Lordships have formulated the guidelines for disposal of the vehicle. The relevant portion is extracted hereunder: "The procedure for disposal of seized articles and currency notes, vehicles, seized liquor and Narcotics drugs suggested. Further Magistrate directed to pass appropriate orders immediately and articles are not kept for a long time at the police Station, in any case, for not more than fifteen days to one month. The said object can also be achieved if there is proper supervision by the Registry of the concerned High Court in seeing that the rules framed by the High Court with regard to such articles are implemented properly." 4. Mr.P.Kandasamy, learned Government Advocate (Crl.side) raise his objections for release of the vehicle. 5. Following the guidelines as stated above and considering the facts and circumstances of the case, the Criminal Revision Petition is allowed and the order passed by the learned Judicial Magistrate, Vilathikulam in Cr.M.P.No.5575 of 2011 dated 22.07.2011 is set aside and the learned Magistrate is directed to return the said vehicle for interim custody of the petitioner on the following conditions: i) the petitioner shall execute a personal bond for a sum of Rs.3,00,000/- (Rupees Three Lakhs only) to the satisfaction of the learned Judicial Magistrate, Vilathikulam. ii) the petitioner shall produce the vehicle before the learned Judicial Magistrate, as and when required; and iii) the petitioner shall prove his 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." Sd/- Deputy Registrar(Writs) /True Copy/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1. The Sub-Inspector of Police, Masarpatti Police Station, Tuticorin District. 2. The Judicial Magistrate, Vilathikulam. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. akv rl/4 c – 20.9.2011 Crl.R.C.(MD).No.753 of 2011 09.09.2011 https://hcservices.ecourts.gov.in/hcservices/