1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Criminal Original Petition(MD)No.1622 of 2011 N.A.Kodhandam ... Petitioner Vs. State represented by The Inspector of Police, Srivilliputtur Town Police Station, Srivilliputtur, Virudhunagar District. ... Respondent Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to set aside the condition Nos.2,3 and 6 imposed by the learned Judicial Magistrate No.II, Srivilliputhur in Cr.M.P.No.10461 of 2010 in Crime No.718 of 2010 dated 06.12.2010 and consequently issue directions permitting the petitioner to carry out repair works in his four wheeler Tata Ace HT bearing its registration No.TN 67 AX 4843 or to surrender the same to his insurance company. For Petitioner :: M/s. P.Gunasekaran For Respondent :: Mrs.S.Devasena Govt. Advocate (Crl.side) O R D E R This petition has been filed by the petitioner seeking to set aside the condition Nos.2,3 and 6 imposed by the learned Judicial Magistrate No.II, Srivilliputhur in Cr.M.P.No.10461 of 2010 and to issue direction permitting the petitioner to carry out repair works in his four wheeler Tata Ace HT bearing its registration No.TN 67 AX 4843 or to surrender the same to his insurance company. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the State. 3. The learned counsel for the petitioner would submit in his argument that the vehicle was considerably damaged due to fire and the engine has become useless and the same is not in a running condition. He would further submit that the said vehicle can be used only after carrying out repair works. Therefore, he would request the Court to set aside the condition Nos.2,3 and 6 imposed by the learned Judicial Magistrate No.II, Srivilliputhur in Cr.M.P.No.10461 of 2010, dated 06.12.2010. 4. The learned Government Advocate (Crl.side) would submit in her argument that the vehicle is necessary for the purpose of conducting the case and if such material object viz., the vehicle is returned without any condition to produce the same, at the time of trial, it will certainly affect the case and therefore, the plea of the petitioner may not be accepted. If for any reason, the claim of the petitioner is ordered by this Honourable Court, it may be suitably directed to modify the condition so as to not affecting the case of the prosecution. 5. Considering the facts and circumstance of the case, I am of the considered opinion that suitable alternate arrangements can be made for https://hcservices.ecourts.gov.in/hcservices/ 2 the proof of the damages caused to the vehicle as per the judgment of Honourable Apex Court for the return of the vehicle. Accordingly, photographs may be taken of the said vehicle in several angles in order to identify the said vehicle and be produced before the Court. Therefore, I am inclined that the condition Nos.2,3 and 6 are modified to the effect that instead of the second condition, the original R.C. Book along with a xerox copy of Tata Ace HT TN 67 AX 4843 vehicle should be produced and after verification with the original, xerox copy of the R.C. Book be retained and the original be returned to the petitioner. The third condition is removed and instead the petitioner shall take photographs of the said vehicle which is kept in police station, in different angles in order to identify the said vehicle and to produce the same with negatives before the Court and on such production of the said photographs and negatives, the investigating officer shall receive the photographs and negatives for the purpose of producing them as one of the pieces of evidence in the case, instead of producing the vehicle for the purpose of trial. The sixth condition viz., the vehicle should be produced before the Court on the first working day of every month until the completion of the case is not necessary, because the photographs of the vehicle have been already taken and would be collected by the investigating officer along with the negatives for the purpose of producing as evidence in the said case. 6. Accordingly the second and third conditions are modified and the sixth condition is removed. 7. The petitioner shall take the photographs in different angles as per the direction of this Court within a period of one week from the date of receipt of a copy of this order and to produce the same with negatives before the Court and the investigating officer shall permit the petitioner to take photographs as per the direction of this Court and to receive those photographs and negatives as one of the pieces of evidence for the investigation from Court and to produce them along with the charge sheet. This petition is ordered accordingly. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar (C.S) To 1. The Judicial Magistrate No.II, Srivilliputhur. 2. The Inspector of Police, Srivilliputtur Town Police Station, Srivilliputtur, Virudhunagar District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD)No.1622 of 2011 23.02.2011 akv RJ/14.3.11 2p/4c https://hcservices.ecourts.gov.in/hcservices/