M RAGU Vs. S KUMARESAN

JUDGEMENT

(1.) THE Crl.R.Cs. have been filed against the impugned orders passed in Crl.M.P.Nos.557 and 558 of 2007 in C.C.No.14 of 2007 on the file of the Court of Judicial Magistrate No.4, Coimbatore, directing the revision petitioners to return the material objects/properties and handed over to them for interim custody.

(2.) THE averments in the petitions filed in Crl.M.P.Nos.557 and 558 of 2007 in C.C.No14 of 2007, are as follows:

(3.) THIS Court heard the arguments of both sides' counsel. It is admitted that the petitioners and the first respondent herein purchased the properties, namely Silambu Rattinam and Pinky Train from one Prakash, who is the accused in this case. Since he has not handed over the possession of the properties, i.e. Silambu Rattinam and Pinky Train, the petitioners and the first respondent preferred a complaint against the said Prakash and the second respondent herein registered a case in Cr.No.456 of 2005 for the offence under Section 420 IPC. During investigation, the said properties have been seized and produced before Court. The petitioners and the first respondent herein who are the partners, filed application for interim custody of the properties. After hearing the arguments, the trial Court ordered interim custody with the condition to execute the bond for Rs.10 lakhs, for Silmabu Rattinam and Rs.5 lakhs for Pinky Train, with condition that the petitioners and the first respondent herein shall not alter or alienate the said properties. In pursuance of the said order, both the petitioners and the first respondent executed the bond for Rs.10 lakhs and Rs.5 lakhs for the respective properties. The properties have been handed over to both the petitioners and the first respondent, but admittedly, now the properties are in possession of the petitioners herein. So, the first respondent herein has come forward with the applications before the Court below, for return of the properties.