C MANOHAR Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed praying to set aside the order passed in Crl.M.P.No. 1807 of 2003 dated 4-9-2003 passed by the Judicial Magistrate II, Chengalpattu and to return the Ambassador Car bearing Registration No. TN 09 R 7603 seized by the respondent in Crime No. 133 of 2003, pending investigation on the file of Sub-Inspector of Police, D-6, Maraimalai Nagar Police Station, Kancheepuram District.

(2.) Heard both sides. This petition is filed by the petitioner, who is the owner -cum- driver of the Ambassador Car bearing registration No. TN-09-R 7603 and the same was being used by him as a private taxi. It appears that the vehicle has been seized by the respondent in connection with Crime No. 133 of 2003 for the offences under Sections 147, 148, 323, 324 and 506 (ii) of I.P.C.

(3.) Now the only objection raised by the respondent is that the vehicle is required for investigation purpose. The vehicle is in custody, since 11-04-2003 exposed to sun and rain. Considering the fact that the petitioner is only the owner of the vehicle, interim custody of the vehicle can be given to the petitioner subject to certain conditions. Hence, the criminal original petition is allowed and the petitioner is granted interim custody of the Ambassador Car bearing Registration No. TN-09-R 7603 on his executing a bond for a sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with two sureties for a likesum each to the satisfaction of Judicial Magistrate II, Chengalpattu, with a further condition that he should produce the vehicle as and when required by the Court and that he should not alienate the vehicle till the disposal of the case. The petitioner should not make any alternation in the vehicle and the R.C. Book should be produced by him, before the Court.