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2015 DIGILAW 1137 (MAD)

Suriya kumar v. State represented by The Inspector of Police, Madurai District

2015-02-25

M.SATHYANARAYANAN

body2015
JUDGMENT:- 1. The petitioner is the owner of an unregistered two wheeler (Suzuki Gixxer) bearing Engine No.BGA1-100685 and Chassis No.MB8NG4BAHE8100919 and since his vehicle is stolen on 30.09.2014, he lodged a complaint on 12.10.2014 on the file of Kallikudi Police Station, based on which, a case in Cr.No.193 of 2014 has been registered for the alleged commission of the offence under Section 379 I.P.C. Thereafter, the vehicle was traced and handed over to the respondent Police Station on 11.12.2014 and the petitioner has filed Cr.M.P.No.5418 of 2014 on the file of the Court of the Judicial Magistrate, Thirumangalam, for return of the said vehicle. 2. The respondent has also expressed 'No Objection' for return of the said vehicle to the petitioner. However, the lower Court has dismissed the said petition, on the ground that there is a discrepancy between the invoice issued to the two wheeler and he has also not produced any evidence about the ownership of the vehicle. 3. The learned Counsel for the petitioner would submit that in the invoice, the name and address of the petitioner has been clearly stated and so also, the Engine and Chassis numbers and the Cover Note issued by the United India Insurance Co. Ltd., Madurai, contains the Engine and Chassis numbers and therefore, there cannot be any impediment for ordering return of the vehicle and the lower Court without properly appreciating the evidence, dismissed the petition and prays for interference. 4. This Court heard the submissions of the learned Government Advocate (Criminal Side) for the respondent also. 5. A perusal of the materials placed before this Court would prima facie indicate that the petitioner is the owner of the unregistered two wheeler (Suzuki Gixxer) bearing Engine No.BGA1-100685 and Chassis No.MB8NG4BAHE8100919 and as rightly contended by the learned Counsel for the petitioner, the Cover Note issued by the United India Insurance Co. Ltd., Madurai as well as the invoice issued by Sri Saikrishnas Marketing Pvt. Ltd., Madurai and also the Delivery Note issued by Barath Motors, Virudhunagar, would disclose that the petitioner is the owner of the said two wheeler and necessary particulars regarding the Engine and Chassis numbers are also tallied with each other. 6. It is also to be pointed out that the respondent police has also expressed 'No Objection' for return of the vehicle to the petitioner. 7. 6. It is also to be pointed out that the respondent police has also expressed 'No Objection' for return of the vehicle to the petitioner. 7. In the result, this Criminal Revision Case is allowed and the impugned order dated 28.01.2015 passed in Cr.M.P.No.5418 of 2014 in Cr.No.193 of 2014 by the learned Judicial Magistrate, Thirumangalam, is set aside and the unregistered two wheeler (Suzuki Gixxer) bearing Engine No.BGA1-100685 and Chassis No.MB8NG4-BAHE-8100919, is ordered to be returned to the petitioner, by way of interim custody, subject to the following conditions: (i) The petitioner shall execute a personal bond for a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Thirumangalam, on or before 11.03.2015 for return of the said two wheeler; (ii) The petitioner shall not further encumber or alter the physical features or alienate the vehicle; (iii) The petitioner shall produce the vehicle as and when required by the jurisdictional Court; and (iv) If the petitioner fails to comply with anyone of the above conditions, this revision shall stand automatically dismissed without any further reference to this Court.