CHANDIRASEKARAN Vs. STATE

JUDGEMENT

(1.) This Criminal Revision has been filed seeking modification of the conditions imposed by the learned Judicial Magistrate No.I, Dharmapuri in C.M.P.No.1086 of 2020 in Crime No.830 of 2020, dated 25.08.2020.

(2.) The gist of the case is that on 27.06.2020, at about 05.00 p.m., the respondent Police received a complaint from one Lakshmi, wife of Kannan (deceased), stating that she is residing at Thinnappatty Village with her children viz., Santhosh Kumar and Surya and his husband Kannan (deceased), who was a lorry driver. On 27.06.2020, at about 02.00 p.m., her husband had taken his motor bike bearing registration number TN 29 AM 3809 to purchase vegetables. After purchasing vegetables while he was returning home, JCB vehicle bearing registration number TN 88 A 0691, driven by one Chandrasekar, came in the opposite direction and dashed against the two wheeler of her husband Kannan. Due to which, he sustained injuries and died on the spot. Hence, she lodged a complaint to the respondent Police. The respondent Police on receipt of the complaint, registered an FIR in Crime No.830 of 2020, for offence under Section 279 and 304(A) IPC and seized the said JCB vehicle and produced the same before the learned Judicial Magistrate No.II, Dharmapuri. The learned Magistrate had taken the JCB vehicle as case property in C.P.No.50 of 2020. Thereafter, the petitioner filed a petition for return of vehicle before the learned Judicial Magistrate No.I, Dharmapuri in C.M.P.No.1086 of 2020. The learned Magistrate, by order dated 28.07.2020 in C.M.P.No.1086 of 2020, ordered to return the vehicle to the petitioner by imposing certain conditions. The petitioner's grievance is that the imposition of condition for returning the vehicle, is onerous, hence he has filed the present revision to set aside the order.

(3.) The learned counsel for the petitioner submitted that the petitioner is the driver-cum-owner of the said JCB vehicle bearing registration number TN 88 A 0691, which was seized in Crime No.830 of 2020, for offence under Section 379, 304(A) IPC. The JCB vehicle was involved in Road Transport Accident on 27.06.2020 with a motor bike bearing registration number TN 29 AM 3809. Due to the accident, the rider/Kannan of the motor bike died on the spot, therefore, the respondent Police registered a case in Crime No.830 of 2020 and seized the vehicle. The learned counsel further submitted that the seizure of the vehicle has been intimated to the learned Judicial Magistrate No.I, Dharmapuri and the JCB vehicle taken as a case property in C.P.No.50 of 2020. The JCB vehicle of the petitioner is exposed in open space to vagaries of weather and thereby, the value of the vehicle is getting diminished and the vehicle need regular maintenance for up keeping the same. Therefore, the petitioner filed a petition for return of his vehicle before the learned Judicial Magistrate No.I, Dharmapuri and placed reliance on the citation in the case of "Sunderbhai Ambalal Desai Versus State of Gujarat, 2002 10 SCC 283". The learned Judicial Magistrate No.I, Dharmapuri, by order dated 25.08.2020 found that the vehicle has not been insured on the date of the accident and considering the objections of the respondent Police and considering the plight of victim and also following the dictum given in "Jai Prakash Versus National Insurance Company Limited,2010 CDJ 248"SC , ordered return of vehicle to the petitioner with the following conditions:-