R. Subburaman v. Inspector of Police, B2 Keelavalavu Police Station, Madurai
2015-03-03
M.SATHYANARAYANAN
body2015
DigiLaw.ai
Judgment :- 1. By consent, the Criminal Revision Case itself is taken up for final disposal. 2. The petitioner is the registered owner of John Deere Tractor [Agriculture], bearing Registration No.TN-59-BV-4880, Chassis No.IPY5045DVDA015182, Engine No.PY3029D344640, which was purchased during October 2014 and under hypothecation to ICICI Bank, Subramaniapuram, Madurai. The Driver of the vehicle has alleged to have transported salt sand in the said Tractor and in this regard, the respondent herein has registered a case in Crime No.445 of 2014, under Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957 and seized the vehicle. The petitioner has filed Cr.M.P.No.26 of 2015, under Section 451 of the Code of Criminal Procedure for return of the tractor, by way of interim custody and it was ordered on 07.01.2015, subject to the condition that the petitioner shall deposit a sum of Rs.50,000/- and also shall execute a personal bond for a sum of Rs.2,00,000/- with two sureties for a like sum to the satisfaction of the Court of Judicial Magistrate, Melur, Maduari District and produce a photocopy of the vehicle. The petitioner, aggrieved by the onerous conditions imposed by the Lower Court for the return of the vehicle, has filed the present revision. 3. Mr.V.R.Venkatesan, learned counsel appearing for the petitioner, would submit that the petitioner is a poor agriculturist and is having cultivable lands, admeasuring to an extent of 2 Acre and 25 cents in Panangadi Village, Kottakudi Post, Melur Taluk, Madurai District and he has purchased the tractor by obtaining loan from ICICI Bank and the vehicle is also under hypothecation and the vehicle is intended to be used for agricultural operation. It is the further submission of the learned counsel appearing for the petitioner that though the allegation is that the tractor was used for transporting the sand, admittedly, it is not a river sand, which cannot be used for any purpose and he has no knowledge at all with regard to the alleged transport of sand and prays for modification of the conditions imposed by the Lower Court. 4. Per contra, C.Ramesh, learned Additional Public Prosecutor appearing for the respondent, would contend that the tractor is of the model 2014 and taking into consideration of the allegations and other circumstances, the Lower Court has rightly imposed the conditions for release of the vehicle by way of interim custody. 5.
4. Per contra, C.Ramesh, learned Additional Public Prosecutor appearing for the respondent, would contend that the tractor is of the model 2014 and taking into consideration of the allegations and other circumstances, the Lower Court has rightly imposed the conditions for release of the vehicle by way of interim custody. 5. This Court, on considering the rival submissions made by the learned counsel on either side and upon perusing the typed set of documents, is of the view that the conditions imposed by the Lower Court for return of the vehicle require modification. The petitioner is an agriculturist and depending upon the tractor for his agricultural operations and it is also under hypothecation to ICICI Bank, Madurai, and in the event of release of vehicle, there may not be any possibility of either alienation or further encumbrance. 6. In the result, the present Criminal Revision Case is disposed of and the conditions imposed by the Lower Court in the impugned order, dated 07.01.2015, made in Cr.M.P.No.26 of 2015, are modified as follows:- (i).The petitioner shall deposit a sum of Rs.20,000/- [Rupees Twenty Thousand only] and shall execute a personal bond for a sum of Rs.1,50,000/- with two sureties for a like sum to the satisfaction of the Court of Judicial Magistrate, Melur, Madurai, (ii). The petitioner shall produce a photograph of the vehicle as well as xerox copy of the registration certificate and on complying with the said conditions, John Deere Tractor [Agriculture] Tractor, bearing Registration No.TN-59-BV-4880, Chassis No.IPY5045DVDA015182, Engine No.PY3029D344640, shall be released to the petitioner by way of interim custody. (iii).The petitioner, on getting return of the vehicle, shall not alienate the vehicle and create any third party interest other than the hypothecation already created in favour of ICICI Bank, Madurai. (iv). The petitioner shall produce the vehicle as and when required by the Court of Judicial Magistrate, Melur. Consequently, connected Miscellaneous Petition is closed.