Challenging the order of dismissal passed by the Judicial Magistrate No.V, Coimbatore, in C.M.P.No.552 of 2017 dated 08.02.2017, filed under Section 451 Cr.P.C., to return the vehicle, the present revision has been filed.
2. The petitioner is the accused in Crime No.421 of 2016 on the file of the respondent police for the offences under Sections 3, 4(2)(c) r/w. 6 of ITP Act and 294(b), 506(ii) IPC.
3. According to the petitioner, the vehicle was seized by the respondent police on 03.07.2016. The petitioner claiming to be the owner of the property has filed a petition before the trial court to return the vehicle. Eventhough, the Assistant Public Prosecutor has no objection for return of the vehicle, the trial court dismissed the application on the ground that since the vehicle is involved in the commission of crime, it is not expatiate the vehicle to the petitioner. Challenging the same, the present revision has been filed.
4. Heard Mr.Ralph V.Manohar, learned counsel for the petitioner and Mr.R.Ravichandran, Government Advocate(Crl. side) appearing for the respondent.
5. Since the vehicle was seized as early as on 03.07.2016 and now the vehicle is exposed to sun and rain, this Court would set aside the order of the Court below and the learned Judicial Magistrate V, Coimbatore, shall direct the Inspector of Police, D2 Selvapuram (Crime) Police Station, Coimbatore, to return the vehicle to the petitioner on fulfilling the following conditions:
i. the petitioner shall prove his ownership of the vehicle by producing the R.C.Book and other relevant records;
ii. the petitioner shall not alienate or encumber the vehicle in any manner;
iii. the petitioner shall execute a bond for a sum of rs.20,000/-(Rupees twenty thousand only) before the court concerned;
iv. the petitioner shall give an undertaking that he will not use the vehicle for any illegal activities in future,
v. the petitioner shall take photograph of the vehicle; and
vi. the petitioner shall also produce the vehicle as and when required by the court below.
6. Accordingly, the Criminal Revision is disposed of.
08.03.2017 Index: Yes/No Internet: Yes/No mrp To
1. The Judicial Magistrate V, Coimbatore.
2. The Inspector of Police, D2 Selvapuram Police Station, Coimbatore.
3. The Additional Public Prosecutor, High Court, Madras.
V.BHARATHIDASAN, J.,
mrp
Crl.R.C.No.376 of 2017
08.03.2017
08.03.2017
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