THIYAGARAJAN Vs. STATE

JUDGEMENT

(1.) The petitioner is the owner of the Agricultural Tractor, vehicle viz., Mahindra and Mahindra Model 575 XP. Red color, bearing Registration No.TN 61- T- 8870, having Chassis No.MBNGAAL1PKZJ00263, Engine No.ZKJ2GDA0269. The said vehicle was seized by the respondent police, for illegal sand theft, for which a case in Crime No.521 of 2021 was registered and the said vehicle was produced before the Learned Magistrate in R.P.No.158 of 2021.

(2.) The petitioner approached the learned Magistrate by way of Crl.MP.No.158 of 2022 under Sec. 451 of the Code of Criminal Procedure for Return of the above said Vehicle, to him, pending the investigation and trial. Therefore, the learned Magistrate refused by an order dtd. 7/2/2022, as against which the present revision is filed.

(3.) The learned counsel for the petitioner would submit that the petitioner is the owner of the vehicle. Unless return of vehicle is ordered, the petitioner would be put to irreparable prejudice as the vehicle would wrought and became unusable, unless the same is returned to the petitioner. The petitioner would abide by all or any other conditions that may be imposed on him by this Court.