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2016 DIGILAW 313 (MAD)

S. Senthil Kumar v. State, through The Inspector of Police

2016-01-27

M.VENUGOPAL

body2016
ORDER : The Revision Petitioner/Petitioner has filed the present Criminal Revision Petition before this Court as against the order, dated 14.12.2015 in Cr.M.P.No.5453 of 2015 in P.R.No.175 of 2015 passed by the Learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District. 2. The Learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District, while passing the impugned order in Cr.M.P.No.5453 of 2015 (filed by the Revision Petitioner/Petitioner under Section 451 of Cr.P.C., seeking interim custody of Bajaj Pulsar motor vehicle), at paragraph 6, had observed the following: “6. Therefore, considering the facts and circumstances of the case, considering the fact that keeping the vehicle without maintaining it at the Police Station or Court premises is not useful to any persons, in view of the dictum laid down by the Honourable Supreme Court, this Court is in clined to allow this Petition on following conditions : (i) The Petitioner is directed to take photograph of the motorcycle and submit to the court and the Head Clerk of this Court is directed to prepare proper Athatchi for the properties remanded in P.R. No. 175/15 so as to marking the same at the time of trial, in the presence of the Petitioner and the respondent. (ii) Petitioner shall deposit the original R.C. Book into the Court till the disposal of the case. (iii) The Petitioner shall not alter or modify or sale the motorcycle till the disposal of the case and produce the property when ever this Court order to produce the property before this Court to that effect he shall execute a bond for Rs. 40,000/- with one surety for the like-sum to the satisfaction of this Court. (iv) The Petitioner shall produce the motorcycle before the respondent Police Station first day of every English Calendar month once in three months without fail.'' and resultantly, allowed the Petition. 3. The main grievance of the Revision Petitioner/Petitioner is that in the impugned order in Cr.M.P.No.5453 of 2015, dated 14.12.2015 at paragraph 6(2), the trial Court had directed the Petitioner to deposit the Original R.C. Book to the Court to it, till the disposal of the case and the Revision Petitioner/Petitioner had difficulty to comply with the said condition because of the reason that the Revision Petitioner/Petitioner had given the original R.C. Book to Sriram City Union Finance Limited, Palayamkottai. Furthermore, it is the stand of the Petitioner that the said condition is burdensome, harsh and onerous one. 4. Furthermore, it is the stand of the Petitioner that the said condition is burdensome, harsh and onerous one. 4. In the instant case, it cannot be denied that the Petition in Cr.M.P.No.5453 of 2015 (filed by the Petitioner seeking interim custody of the Bajaj Pulsar motor-cycle) was ordered by the trial Court, subject to certain conditions being specified therein. It appears that the Revision Petitioner/Petitioner is very much concerned and aggrieved against Clause 6(2) of the impugned order passed in the Cr.M.P.No.5453 of 2015, as stated supra. 5. In view of the fact that the Revision Petitioner/Petitioner has expressed some difficulty in regard to the production of original R.C. Book before the trial Court, till the disposal of the case, namely, the Original R.C. Book is now lying with Sriram City Union Finance Limited, Palayamkottai, this Court, at this stage, simpliciter, directs the Petitioner to air his grievance in regard to this issue before the trial Court by filing necessary Miscellaneous Petition/application, within a period of three days from the date of receipt of a copy of this order. Soon after filing of the necessary Miscellaneous Petition by the Petitioner before the trial Court seeking modification of the impugned order in Cr.M.P.No.5453 of 2015 (pertaining to paragraph 6(2) of the condition), this Court, directs the trial Court to take the said petition/application on its file and dispose of the same by considering the difficulty/grievance expressed by the Revision Petitioner/Petitioner in the manner known to Law and in accordance with Law. The trial Court, in any event, is directed to pass necessary orders in the said Miscellaneous Petition/Application within a period of three days thereafter. 6. With the above observations and directions, the Criminal Revision Petition is disposed of.