MOHAN KUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This petition is filed for setting aside the order dated 03.09.2015 made in Crl.R.P.No.11/2015 on the file of the learned Principal District Judge, Villupuram, confirming the order dated 09.03.2015 in Crl.M.P.No.130/2015 on the file of the learned Chief Judicial Magistrate, Villupuram and also for issuing a direction to the respondent to release the vehicle: Mahindra and Mahindra Ltd. TATA Ace bearing Registration No.TN 73 F 9340 to the petitioner herein.

(2.) The petitioner has filed a petition in C.M.P.No.130 of 2015 under Section 451 Cr.P.C. for return of the vehicle namely, Mahindra and Mahindra Ltd. TATA Ace bearing Registration No.TN 73 F 9340 to him. A case in Crime No.5 of 2014 has been registered for the offences punishable under Sections 120(b), 379, 407 and 272 IPC. During investigation, the said vehicle, which belongs to the petitioner has been seized. Hence, the petitioner has constrained to file the petition in C.M.P.No.130 of 2015. The trial Court, after hearing both sides, dismissed the petition, against which, the petitioner has preferred Crl.R.P.No.11 of 2015 for return of vehicle and the same was also dismissed. Aggrieved over the same, the petitioner has come forward with this petition for the above stated relief.

(3.) Learned counsel for the petitioner submits that the petitioner is not an accused and his father alone has been arrayed as accused in Crime No.5 of 2014. He further submits that the said vehicle was used for transporting milk. If the vehicle is exposed to sun and rain, its value will be deteriorated. But both the Courts below have not considered the above aspect. Therefore, he prays for return of vehicle.