1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.04.2011 CORAM THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN Crl.R.C.(MD)No.251 of 2011 Jeyamohan ... Petitioner Vs. State represented by the Inspector of Police, Eraniel Police Station, Kanyakumari District. (Crime No.25 of 2011) ... Respondent Prayer: Criminal Revision Petition filed under Section 397 r/w. 401 of Cr.P.C. seeking to call for the records and set aside the order dated 02.03.2011 passed by the learned Principal District Munsif-cum-Judicial Magistrate, Eraniel in Crime No.25 of 2011 on the file of the respondent police, wherein the petition filed under Section 451 of Cr.P.C. was dismissed. For Petitioner : M/s. K.Gokul For Respondent : Mr.P.Rajendran Govt. Advocate (Crl.side) O R D E R The learned counsel for the petitioner would submit that the petitioner is the owner of the Hero Honda motor cycle bearing Registration No.TN-74-W-8238 and that the vehicle was used for the alleged commission of the offence under Section 307 of I.P.C. in Crime No.25 of 2011 registered by the respondent. The vehicle was seized in connection with the said case and was produced before the Court in R.P.No.23 of 2011. 2. The learned counsel for the petitioner would further submit that the petitioner filed a petition under Section 451 of Cr.P.C. for interim custody of the vehicle and the said petition was dismissed on 02.03.2011, holding that the investigation is not yet completed and therefore, the vehicle cannot be returned. The learned counsel for the petitioner would also submit that his prayer is only for interim custody of the vehicle and he is ready and willing to produce the vehicle as and when required by the prosecution and also willing to abide by the conditions imposed in this regard. https://hcservices.ecourts.gov.in/hcservices/ 2 3. The learned Government Advocate (Crl.side) would submit that the vehicle is involved in the commission of the offence and since the investigation is pending, the petition filed by the petitioner for interim custody of the vehicle has rightly been rejected and no interference is required. 4. This Court after taking into consideration the rival submissions, is of the view that the impugned order is liable to be set aside and the interim custody of the vehicle is to be handed over to the petitioner subject to certain conditions. 5. The Honourable Supreme Court in a catena of decisions held that since the seized vehicles are parked in open place, they are subjected to vagaries of weather and hence ordered that the vehicles are to be returned to the vehicle owners subject to certain conditions. 6. It is the submission of the learned counsel for the petitioner that the petitioner is ready and willing to comply with any conditions for handing over the vehicle by way of interim custody. 7. In the result, the revision petition is allowed and the impugned order dated 02.03.2011 is set aside and the Hero Honda motor cycle bearing Registration No.TN-74-W-8238 Classic Number 05B 27F21478 Engine No.05B27E47308 (2005 model) is ordered to be returned to the petitioner subject to the following conditions: (i) The petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned Principal District Munsif-cum-Judicial Magistrate, Eraniel and also produce documents to the satisfaction of the said Court regarding ownership. (ii) The petitioner on taking the interim custody of the vehicle shall not alienate or encumber the vehicle and to use the vehicle for lawful purposes and also maintain the vehicle in a road worthy condition. (iii) The petitioner shall produce the vehicle before the respondent/Court as and when required without fail. 8. Failure on the part of the petitioner to comply with any one of the above said conditions, would result in dismissal of this petition automatically without further reference to this Court. Sd/- Deputy Registrar(LA) /True Copy/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1. The Inspector of Police, Eraniel Police Station, Kanyakumari District. 2. The Principal District Munsif-cum- Judicial Magistrate, Eraniel. 3.THe Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai akv rl/4c – 28.4.2011 Crl.R.C.(MD)No.251 of 2011 09.04.2011 https://hcservices.ecourts.gov.in/hcservices/