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RP Orders.Pdf In The Court Of The Principal District And Sessions Judge, Pudukkottai Present : Thiru. A. Abdul Kadhar, B.A., B.L., Principal Sessions Judge, Pudukkottai Dated this the 14th day of September' 2021 Crl.M.P.No: 3671 of 2021 In Crime No: 418 of 2020 This application has been filed for the following accused in respective of following case on the following grounds. Sl. Accused Name Address Cr. Police Offences Name of the Advocate Name No and Fathers No. Station Court and Enrollment Name Number 1 Natarajan, No.241, 418 Nagudi U/s.379 The M.Rajendran aged 45/2021, Kozhisanam, of P.S., of IPC Principal M.S.No. S/o. Chithiran. Manamelkudi 2020 r/w Sec. District And 331/1987 Tk., 21(1), Sessions Pudukkottai Dt., 21(2) Judge, M&M Pudukkottai (DR) Act Grounds: The petitioner prays to return the Rc Book for the vehicle TN-55-BZ-6627 for the purpose of cancellation of Hypothecation agreement with the private bank. Hence, the petition. Objection by Public Prosecutor/Police/Respondent No any serious objection raised. ORDER In the result, this petition is allowed and the Judicial Magistrate, Aranthangi is directed to hand over the original R.C.Book to the petitioner for the purpose of cancellation of Hypothecation agreement with the private bank after the completion, the petitioner is directed to produce the same before Judicial Magistrate, Aranthangi on or before 15.10.2021 without fail. Delivered by me in the open court on this, the 14th day of September' 2021. Sd/- A.Abdul Kadhar, /t.c.f.b.o./ Principal Sessions Judge, Pudukkottai. SHERISHTADAR Copy to 1) The Judicial Magistrate, Aranthangi. 2) Thiru. M.Rajendran, Advocate for petitioner. 3) Thiru. S.Ramanathan, Public Prosecutor. 4) The Inspector of Police, Nagudi Police Station. In The Court Of The Principal District And Sessions Judge, Pudukkottai Present : Thiru. A. Abdul Kadhar, B.A., B.L., Principal Sessions Judge, Pudukkottai Dated this the 14th day of September' 2021 Crl.M.P.No: 3669 of 2021 In Crime No: 187 of 2021 This application has been filed for the following accused in respective of following case on the following grounds. Sl. Accused Name Address Cr. Police Offences Name of the Advocate No and Fathers No. Station Court Name and Name Enrollment Number 1 Jayapal, No.17, West Street, 187 Mathur U/s. 379 The S.Palraj aged 38/2021, Keela Panjapur, of P.S. of IPC r/w Principal M.S.No. S/o. Karuppaiah. Manikandan Tk., 2021 Sec. 21(1), District And 2095/2008 Trichy Dt., 21(2) Sessions M&M Judge, (DR) Act Pudukkottai ORDER Orders pronounced. Records perused. The petitioner has filed the Petition u/s.451 of Cr.P.C. for returning the Tipper lorry bearing Registration No. TN-48-R-9938 which was seized by the respondent/police. The petitioner's case is that, he is the owner of the property in the above said Cr.No.187 of 2021 of Mathur P.S., that it is alleged by the prosecution that the Tipper lorry bearing Registration No. TN- 48-R-9938 has used for committing the offence, thereby they have seized the vehicle and the vehicle is produced before the Judicial Magistrate, Keeranur in R.P.No.263/2021. He further submits that the vehicle is necessary to the petitioner and his family members for their day by day work and he is already released on bail by this Court, that he is ready to give sureties as ordered by the Court, that he is ready to hand over the vehicle before the Court as and when required, and that he prays to order returning the vehicle as interim custody. The reply filed by the learned Public Prosecutor stating that the Tipper lorry bearing Registration No. TN-48-R-9938 was seized by the police in Cr.No.187/2021 of Mathur P.S., and the vehicle is produced before the Judicial Magistrate Court, Keeranur in R.P.No.263/2021 and the petitioner has filed this petition praying to interim custody of the vehicle, that if the vehicle is ordered to be given to the petitioner, he would abscond with the vehicle, and hence he objects to hand over the vehicle to the petitioner. Point:- On perusing the documents, the arguments put forth on the side of the petitioner, the recitals of the objection this court do not find any valid and serious objections raised therein. On the side of the petitioner, the vehicle belongs to the petitioner, the same was not disputed by the prosecution. The date of occurrence is 30.08.2021, and there is no previous case. Considering the facts and circumstances of the case and that if the vehicle is kept in open, the vehicle will be damaged and its value will be diminished, I am inclined to allow this petition and the vehicle is ordered to be returned to the petitioner for interim custody on the following conditions subject to the confiscation proceedings; 1) The petitioner under takes to remit a sum of Rs.60,000/-( Rupees sixty thousand only) as non refundable amount to the following account of the Tamil Nadu Chief Minister's Relief Fund. A/C. Number : 11720 10000 00070 Branch : Secretariat Branch, Chennai – 600 009. IFSC Code : IOBA0001172 SWIFT Code : IOBAINBB001 2) The petitioner shall not alter, alienate or sell the vehicle till disposal of the proceedings until further orders. 3) The petitioner is directed to produce the original R.C.book before the Judicial Magistrate, Keeranur. 4) He shall produce the vehicle before the Judicial Magistrate, Keeranur on every 1st working day of that month at 10.30 a.m. and as and when required without fail until further orders. 5) The Judicial Magistrate, Keeranur is directed to intimate the execution of the own bond and receipt from the above deposit to the Inspector of Police, Mathur immediately. The Inspector of Police, Mathur is directed release the vehicle on receiving the intimation from the concerned Court immediately and report the same to the Judicial Magistrate Court, Keeranur. 6)the petitioner shall execute a own bond for a sum of Rs.20,000/- with two sureties for a like sum each to the satisfaction of the Judicial Magistrate, Keeranur. Delivered by me in the open court on this, the 14th day of September' 2021. Sd/- A.Abdul Kadhar, /t.c.f.b.o./ Principal Sessions Judge, Pudukkottai. SHERISHTADAR Copy to 1) The Judicial Magistrate, Keeranur. 2) Thiru. S.Palraj, Advocate for petitioner. 3) Thiru. S.Ramanathan, Public Prosecutor. 4) The Inspector of Police, Mathur Police Station. In The Court Of The Principal District And Sessions Judge, Pudukkottai Present : Thiru. A. Abdul Kadhar, B.A., B.L., Principal Sessions Judge, Pudukkottai Dated this the 14th day of September' 2021 Crl.M.P.No: 3670 of 2021 In Crime No: 928 of 2021 This application has been filed for the following accused in respective of following case on the following grounds. Sl. Accused Name Address Cr. Police Offences Name of the Advocate No and Fathers No. Station Court Name and Name Enrollment Number 1 Murugan, Poovatrakudi and 928 Arantha U/s. 379 The M.Rajendran aged 46/2021, Post, Aranthangi Tk., of ngi P.S. of IPC r/w Principal M.S.No. S/o. Pramman. Pudukkottai Dt., 2021 Sec. 21(1) District And 331/1987 M&M Sessions (DR) Act Judge, Pudukkottai ORDER 1) Orders pronounced. Records perused. The petitioner has filed the Petition u/s.457(2) of Cr.P.C. for returning the bullock cart which was seized by the respondent and which was kept in respondent/police. 2) The petitioner's case is that he is the owner of the bullock cart, that it is alleged by the respondents that this petitioner's bullock cart has used for committing the offence, thereby they have seized the bullock cart and the bullock cart is in custody of the respondent/Police at present. The concerned respondent did not produce the bullock cart before this Court till date. He further submitted that if the bullock cart is standing in the respondent/Police it would be damaged, that the bullock cart is necessary to the petitioner and his family members for their day to day work, that he is ready to give sureties as ordered by the Court, that he is ready to hand over the bullock cart before the Court as and when required and he prays to hand over the bullock cart temporarily. 3) Reply filed by the respondent Police. The respondent has submitted that the said bullock cart was seized by them and at present, the bullock cart is in the custody of the respondent Police Station. Further, objected that if the bullock cart is returned, there are chances for the owner to sell or damage the bullock cart and will do the same kind of offence. 4) It is represented on behalf of the petitioner that the bullock cart has been seized by the respondent and now detained in respondent/police. 5) After seizing the bullock cart they must file a private complaint within a week. So far, no such complaint has been filed by the respondent. The date of occurrence is 11.08.2021, and there is no previous case. 6) The learned Public Prosecutor has also been appraised of the situation. 7) Considering the facts and circumstance of the case and that if the bullock cart is kept idle in open, the same will be damaged, I am inclined to allow this petition and the bullock cart is ordered to be returned to the petitioner for interim custody on the following conditions subject to the confiscation proceedings; a) The petitioner under takes to remit a sum of Rs.20,000/-( Rupees Twenty thousand only) as non refundable amount to the following account of the Tamil Nadu Chief Minister's Relief Fund.
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