IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.01.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.1581 of 2017 Tamilmani ... Petitioner Vs The State rep. By Sub Inspector of Police, Tiruvannamalai Town Crime Police Station, Tiruvannamalai. ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to call for records and set aside the order dated 28.03.2016 passed by the Sessions Court, Tiruvannamalai made in Crl.RC No.18 of 2015 confirming the order dated 24.07.2015 passed by the learned Judicial Magistrate No.I, Tiruvannamalai.
For Petitioner : Mr.B.Jawahar For Respondent : Mr.C.Emalias, APP ORDER This Criminal Original Petition has been filed to set aside the order dated 28.03.2016 passed by the Sessions Court, Tiruvannamalai in Crl.RC No.18 of 2015 confirming the order dated 24.07.2015 passed by the learned Judicial Magistrate No.I, Tiruvannamalai.
2. It is the case of the petitioner that he filed a complaint before the respondent stating that on 23.06.2015 at night hours, jewels and cash of Rs.1,76,500/- kept in his house, were stolen by some persons. The said complaint was registered as FIR in Crime No.132 of 2015 for the offences under Sections 457 and 380 IPC. Subsequently, the accused were arrested and stolen properties were recovered. The petitioner has filed a petition in CMP.No.4444 of 2015 under Section 457 Cr.P.C for return of his jewels and money. By order dated 24.07.2015, the trial court has ordered to return the jewels, but refused to return the cash. Against the refusal of return of cash, the petitioner has filed Criminal Revision Petition No.18 of 2015, which was also dismissed, by order dated 28.03.2016. Challenging the same, the present petition came to be filed.
3. Learned counsel for the petitioner submitted that without ascertaining the ownership of the cash, both the courts below have simply dismissed the petition filed by the petitioner seeking return of the cash amount. Learned counsel further submitted that in similar circumstances, by order dated 10.08.2016 in Crl.RC (MD) No.449 of 2015, this Court has ordered to return the cash, apart from jewels, subject to certain conditions. Therefore, learned counsel seeks for similar order in this petition as well.
4. I have also heard the learned Additional Public Prosecutor appearing for the respondent.
5. There is no dispute with regard to theft of jewels and cash belonging to the petitioner. It is also not in dispute that as per the order of the trial court, the petitioner has received his stolen jewels. With respect to cash, both the courts below have refused to return the same to the petitioner. At this juncture, the petitioner, in support of his claim, has placed reliance on an order dated 10.08.2016 passed in Crl.RC (MD) No.449 of 2015, wherein, this Court has followed the principles laid down in the decision of the Hon'ble Supreme Court reported in 2003 (1) CTC 175 (SC) (Sunderbhai Ambalal Desai v. State of Gujarat) and has ordered the petition as under:
“(i)This revision is allowed.
(ii) The impugned order, dated 30.06.2015, passed in Crl.M.P.No.4781 of 2015 by the learned Judicial Magistrate, Sivakasi, is set aside.
(iii) The learned Magistrate will give interim custody of 7 ¾ sovereigns of jewels to the revision petitioner.
(iv) The learned Magistrate will return the cash Rs.14,25,000/- to the revision petitioner, after recording the currency note numbers in the property register, if not already recorded.
(v) The revision petitioner will execute a personal bond for Rs.17,25,000/- (Rupees Seventeen lakhs and twenty five thousand only) to the satisfaction of the said Magistrate.
(vi) It is made clear that no property document, solvency certificate or surety shall be insisted upon.
(vii) A photograph of the jewels with the signature of the revision petitioner shall be kept in the case records.
(viii) The revision petitioner is permitted to spend the cash Rs.14,25,000/-.
(ix) Until final property order is passed by the trial court, the revision petitioner shall not dispose of, alter or change the said jewels.
(x) The revision petitioner shall cause the production of the said jewels as and when so ordered by the Court.”
Following the above said order, this Court is inclined to dispose of the present petition.
6. Accordingly, this Criminal Original Petition is ordered in the following terms:
(i) The impugned order, dated 28.03.2016, passed by the Sessions Court, Tiruvannamalai in Crl.RC No.18 of 2015 confirming the order dated 24.07.2015 passed by the learned Judicial Magistrate No.I, Tiruvannamalai, is set aside.
(ii) The learned Judicial Magistrate No.I, Tiruvannamalai shall return the cash of Rs.1,76,500/- to the petitioner, after recording the currency note numbers in the property register, if not already recorded.
(iii) The petitioner shall execute a personal bond for Rs.1,76,500/- (Rupees One Lakh Seventy Six Thousand and Five Hundred only) to the satisfaction of the said Magistrate.
(iv) It is made clear that no property document, solvency certificate or surety shall be insisted upon the petitioner.
(v) However, this order is subject to the final order to be passed by the trial court in Crime No.132 of 2015 on the file of the respondent police.
27.01.2017 Index:Yes/No rk To
1. The Sessions Court, Tiruvannamalai.
2. The Judicial Magistrate No.I, Tiruvannamalai.
3. Sub Inspector of Police, Tiruvannamalai Town Crime Police Station, Tiruvannamalai.
4. The Public Prosecutor, High Court, Madras.
R.MAHADEVAN, J rk Crl.O.P.No.1581 of 2017 DATED: 27.01.2017 http://www.judis.nic.in