S VISAGAM Vs. STATE

JUDGEMENT

(1.) The above petition has been filed praying to set aside the order dated 04.08.2003 made in Crl.M.P.No.4302 of 2003 by the Court of Principal Sessions Judge, Chengalpet.

(2.) On a perusal of the materials placed on record and upon hearing the learned counsel for both, it comes to be known that the petitioner is the owner of the Yamaha Motorcycle bearing Registration No.TN-09-E-6249 the said vehicle was seized by the respondent police since the same was alleged to have been used for the commission of the offence punishable under Sections 4(1)(i), 4(1)(aaa) and 4(1)(A) of the TNP Act r/w. 6 and 11 of R.S.Rules; that the petitioner herein filed a petition before the Court below praying to entrust the custody of the said vehicle to her, pending disposal of the criminal case and the Court below having conducted an enquiry into the matter, had dismissed the said petition. Aggrieved, the petitioner has come forward to file the above Criminal Original Petition.

(3.) Considering all the facts and circumstances of the case, since it is not disputed that the petitioner is the owner of the vehicle and further if the vehicle is kept idle, there is every possibility of the vehicle getting damaged being exposed to sun and rain, this Court is of the view that the prayer of the petitioner could be ordered favourably, but with the following conditions: In result, (i) the above Criminal Original Petition is allowed; (ii) the order dated 04.08.2003 made in Crl.M.P.No.4302 of 2003 by the Court of Principal Sessions Judge, Chengalpet, is hereby set aside; (iii) the vehicle bearing Registration No.TN-09-E-6249 is ordered to be released handing over interim custody to the petitioner on condition that she executes a bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with one surety, who shall be a man of status, for the like sum to the satisfaction of the learned Judicial Magistrate, Thirukalikundram. The surety shall produce the original document of title deed of an immovable property to the said sum for verification. No V.A.O. Certificate or of the Tahsildar need be emphasized; (iv) the petitioner is directed to surrender the R.C. Book before the Court below; (v) the petitioner is further directed not to alienate or encumber the said vehicle, pending disposal of the criminal case; (vi) the petitioner is directed not to alter the physical condition of the vehicle; (vii) however, the petitioner shall cause production of the vehicle before the respondent, once a week, i.e. on Monday between 9 a.m. and 10 a.m., until further orders.