MUTHU RAMAN Vs. STATE

JUDGEMENT

(1.) This petition has been filed to set aside the order dated 31.03.2015 in Crl. M.P. No. 530 of 2015 rendered by the V Metropolitan Magistrate, Egmore, Chennai. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.

(2.) The petitioner is the owner of Tavera car bearing Registration No. TN-01-AG-5028 which he had entrusted to Veeyes Travels for hire. It appears that the said car was rented out on contract by Veeyes Travels to the Central Industrial Security Force for the use of their officers in the Ennore Port Trust. The said car was being driven by one Rajan and on 11.05.2013, his brother-in-law, one Manavalan is said to have taken the vehicle along with a gang to attack one Adalarasu. The gang attacked Adalarasu on 11.05.2013 at about 11.45 p.m., but, he survived the attack. Therefore, a case in Cr. No. 327 of 2013 was registered by the respondent for offences under Sections 341, 324, 294(b), 307 and 506(ii) IPC. The car was seized by the police near a Railway track in Perambur and it has been made as a subject matter of the property in Cr. No. 327 of 2013. On coming to know of this, the petitioner filed an application under Section 451 Cr.P.C. in Crl. M.P. No. 994 of 2013 for return of the said car and the learned V Metropolitan Magistrate, by order dated 18.06.2013, gave interim custody of the car to the petitioner on the following conditions:

(3.) The investigation in this case is still under progress and no final report has been filed. Now, it is the contention of the petitioner that he is around 80 years old and maintaining the car is a serious liability for him, as he has no income to maintain himself and that apart, since the make of the car is of the year 2009, it is frequently developing repairs. Therefore, the petitioner filed an application in Crl. M.P. No. 530 of 2015 before the learned V Metropolitan Magistrate, Egmore, for permission to return the RC Book and permit him to dispose of the car, which was dismissed by the learned Magistrate on 31.03.2015, aggrieved by which the petitioner is before this Court.