Nanthakumar v. State by Inspector of Police Ambattur Estate P. S. Chennai
2013-02-12
S.PALANIVELU
body2013
DigiLaw.ai
JUDGMENT 1. This Criminal Revision Case has been filed to set aside the order passed in CMP No.6892/2012 dated 10.12.2012 on the file of the Judicial Magistrate, Ambattur, Chennai against Crime No.1706/2012 on the file of the respondent. 2. The petitioner is the owner of the vehicle i.e., TATA Magic involved in a case which is registered under Sections 341, 294(b), 323, 353, 506(ii) IPC. The petitioner has filed an application before the learned Judicial Magistrate, Ambattur for release of the vehicle, but the learned Magistrate denied to hand over the same to the petitioner and the respondent has strongly objected to the request of the petitioner. 3. This Court is of the view that if the vehicle is kept in open place exposed to sunlight, rain and air, the valuation of the vehicle would go down. There is no impediment in ordering interim custody of the vehicle to the petitioner with conditions. 4. In the result, the Criminal Revision is allowed with following conditions:- a) the petitioner shall prove his ownership of the vehicle by producing the R.C. Book and other relevant records; b) the petitioner shall not alienate or encumber the vehicle in any manner ; c) the petitioner shall execute a bond for a sum of Rs.50,000/-(Rupees fifty thousand only) before the Court concerned; and d) the petitioner shall give an undertaking that he will not use the vehicle for any illegal activities in future, and e) the petitioner shall also produce the vehicle as and when required by the respondent police.