1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2011 CORAM: THE HONOURABLE MR. JUSTICE S.TAMILVANAN Crl.R.C.(MD)No.987 of 2011 Sheik Mohammed ... Petitioner Vs. The Inspector of Police, Srivaikundam Police Station, Thoothukudi District. (Cr.No.343 of 2011) ... Respondent Prayer: Petition filed under Section 397 r/w 401 Criminal Procedure Code to set aside the order passed in Cr.M.P.No.13403 of 2011 dated 22.11.2011 by the learned Judicial Magistrate, Srivaikundam and release the petitioner's vehicle bearing Registration No.TN-69 AY 5495. For Petitioner : Mr.G.Thalaimutharasu For Respondent : Mr.K.V.Rajarajan, Government Advocate. (Crl.side) ORDER Heard the learned counsel appearing for the petitioner as well as the learned Government Advocate (Crl.side) appearing for the respondent. 2.The petition has been filed under Section 397 r/w 401 of Cr.P.C., seeking an order to return the Mahindra Logon bearing registration No.TN 69 AY 5495. 3.It is an admitted fact that the petitioner is facing charges under Section 12 of Gambling Act as the first accused in the case registered in Crime No.343 of 2011 on the file of the respondent Police. 4.The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and only co accused persons have played the alleged game. However, the vehicle belongs to the petitioner was seized and if it is kept under sun and rain the value of the vehicle will become scrap. Hence, the petitioner is ready and willing by abiding any conditions imposed by this Court to release the vehicle. 5.Considering the facts and circumstances and also returning the vehicle would not prejudice the criminal case, I find it just and reasonable to pass a conditional order to release the vehicle. Accordingly, Criminal Revision Petition is allowed and the vehicle is ordered to be returned to the petitioner on the following conditions: i) the petitioner shall furnish security for a sum https://hcservices.ecourts.gov.in/hcservices/ 2 of Rs.3,00,000/- (Rupees three lakhs only) to the satisfaction of the learned Judicial Magistrate, Srivaikundam. 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 or alter 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/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate, Srivaikundam 2.The Inspector of Police, Srivaikundam Police Station, Thoothukudi District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +1cc to Mr.G.Thalaimutharasu, Advocate, Sr.No.45541 Crl.R.C.(MD)No.987 of 2011 22.12.2011 nbj sma/23.12.2011/5c/2p https://hcservices.ecourts.gov.in/hcservices/