JUDGMENT : (Prayer: Criminal Revision is filed under Section 397 r/w 401 of the Code of Criminal Procedure, to set-aside the order dated 28.08.2020 made in C.M.P.No.824 of 2020 on the file of the Principal District and Sessions Judge, Namakkal by allowing this petition.) 1. The petitioner, who is the owner of the vehicle viz., Hero Honda Splendor Plus bearing Registration Number TN 33 AQ 1235, Chasis Number MBLHA10EJ9HL24659 and Engine Number HA10EA9HL75778, has filed a petition for return of property under Section 451 Cr.P.C., in C.M.P.No.824 of 2020 in S.C.No.16 of 2020, before the learned Principal District and Sessions Judge, Namakkal. The learned Principal District and Sessions Judge, Namakkal, by order dated 28.08.2020, dismissed the petition, against which the petitioner before this Court. 2. The learned counsel for the petitioner submitted that the petitioner is the owner of the said vehicle and working in Erode Reliance Mall as lift mechanic four months prior to 09.02.2019. He was fell down from the vehicle and his left leg got fractured and was taking treatment. The petitioner used to park his vehicle in front of his house. On 09.02.2019, at about 11.00 p.m., the petitioner saw the vehicle parked in front of his house and went to sleep. On the next day i.e., on 10.02.2019, about 07.00 a.m., when he came out of his house, the vehicle was not there. The petitioner made enquiries and searched along with his brother in several places, but unable to trace his vehicle. Hence, on 14.02.2019, the petitioner lodged a complaint to the Sub Inspector of Police, Malayampalayam Police Station, Erode, who registered a case in Crime No.30 of 2019, for offence under Section 379 IPC. 3. It is further submitted that the petitioner was informed that his vehicle was seized by the respondent Police in Crime No.24 of 2019, for offence under Section 302 and 380 IPC. On conclusion of investigation in Crime No.24 of 2019, charge sheet came to be filed against four accused persons before the learned Principal District and Sessions Judge, Namakkal and the same was taken on file as S.C.No.16 of 2020, in which the petitioner is a listed witness No.18 4. The case of the prosecution in S.C.No.16 of 2020 is that A1 and A2 had stolen the vehicle of the petitioner, used the same in committing the offence of murder of one Poosan, son of Nallaiya Gounder at Selambagoundampalayam. The case of the prosecution in S.C.No.16 of 2020 is that A1 and A2 had stolen the vehicle of the petitioner, used the same in committing the offence of murder of one Poosan, son of Nallaiya Gounder at Selambagoundampalayam. The petitioner came to know that on 15.02.2019, A1-Boobathy and A2-Sundaram were riding the vehicle of the petitioner, on seeing the police, they attempted to escape. A1 and A2 were apprehended along with the vehicle with registration number of the vehicle is TN 42 AF 0786. Since the vehicle registration number, engine number and chasis number did not tally and they were unable to give explanation. A1 and A2 admitted their involvement in the murder of Poosan. Based on the confession, the vehicle of the petitioner and other articles were seized. The accused therein had confessed that after stealing the vehicle of the petitioner, replaced the registration number of the bike as TN 42 AF 0786. The engine number and chasis number were tallied with the registration certificate of the petitioner's vehicle TN 33 AQ 1235. Thereafter, the petitioner filed a petition for return of vehicle, which came to be dismissed, on the ground that after completion of trial, the vehicle of the petitioner can be returned. The vehicle now is kept in the open place exposing to vagaries of weather and the value of the vehicle is getting diminished. Hence, he prayed to set aside the order of the Court below. 5. The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner is the owner of the vehicle viz., Hero Honda Splendor Plus bearing registration number TN 33 AQ 1235, Chasis Number MBLHA10EJ9HL24659 and Engine Number HA10EA9HL75778. On 10.02.2019, the vehicle of the petitioner was found missing and the vehicle could not be found. Hence, the petitioner lodged a complaint to the Sub Inspector of Police, Malayampalayam Police Station, Erode, who registered a case in Crime No.30 of 2019, for offence under Section 379 IPC and the investigation is pending. At that time, the respondent Police arrested one Boobathy and Sundaram, who are A1 and A2 in Crime No.24 of 2019 for offence under Sections 302 and 380 IPC. A1 and A2 were riding the vehicle of the petitioner by changing its number plate as TN 42 AF 0786. A1 confessed about stealing of vehicle of the petitioner and using the same in commission of offence. A1 and A2 were riding the vehicle of the petitioner by changing its number plate as TN 42 AF 0786. A1 confessed about stealing of vehicle of the petitioner and using the same in commission of offence. He also admitted that he had changed the number plate of the vehicle. The only apprehension of the prosecution is that if the vehicle is ordered to be returned, the petitioner would change the number plate and fix correct registration number and continue to use his bike, which later the accused might try to take advantage during trial in S.C.No.16 of 2020. 6. This Court considered the rival submission and the materials available on record and also perused the Case Diary in Crime No.30 of 2019, on the file the Malayampalayam Police Station, Erode and the Case Diary in Crime No.24 of 2019, on the file of the respondent Police. 7. The apprehension of the prosecution is misplaced. On perusal of the confession of A1 dated 15.02.2019, he admitted stealing of vehicle of the petitioner from his house, changing number plate and using the same during the commission of offence. The engine number and chasis number of the petitioner vehicle tallies with the registration certificate of the vehicle as TN 33 AQ 1235. The engine number and chasis numbers, which were mentioned in mahazar as well Form 95 tallies with the registration certificate. Further, the vehicle is kept in the open space exposing to vagaries of weather, thereby the value of vehicle gets diminshed. Further, the petitioner had purchased the vehicle by availing financial assistance from the Indusind Bank Limited, Chetty Road, Chennai and he is in need of the vehicle to carry on his work. 8. Considering the facts and circumstances of the case, this Court is inclined to return the vehicle to the petitioner, subject to the following conditions:- * The petitioner shall execute a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Principal District and Sessions Judge, Namakkal. The petitioner and the sureties shall affix their photographs and give the copies of their Aadhaar Card; * The petitioner shall not alter or alienate the vehicle in question till the completion of Trial. The petitioner and the sureties shall affix their photographs and give the copies of their Aadhaar Card; * The petitioner shall not alter or alienate the vehicle in question till the completion of Trial. * The petitioner shall take photograph of the vehicle and submit the same along with Compact Disc duly certified under Section 65-B of the Indian Evidence Act, 1872. http://www.judis.nicP.ainge 6 of 8 Crl.R.C.No.795 of 2020 * The petitioner shall produce the original R.C. Book and submit a photostat copy of R.C. Book before the learned Principal District and Sessions Judge, Namakkal. * The petitioner shall produce the vehicle as and when directed to do so. 9. In view of the above, the order dated 28.08.2020, in C.M.P.No.824 of 2020 in S.C.No.16 of 2020 passed by the learned Principal District and Sessions Judge, Namakkal is set aside and the revision is, accordingly, allowed.