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2016 Supreme(Mad) 2571

P.DEVADASS
P. Balasubramani – Appellant
Versus
State by The Inspector of Police, Aravakuruchi Police Station – Respondent


Advocates Appeared:
For the Appellant : Mr. R.Mathiyalagan
For the Respondent:Mrs. S.Prabha Govt.Advocate (Crl.Side)

ORDER :

Aggrieved by the dismissal of his property return petition in C.M.P.No.4924 of 2016 by the learned Judicial Magistrate No.II, Karur, the petitioner has directed this revision.

2. In connection with a kidnapping case, Aravakuruchi Police registered a case in Crime No.290 of 2016. Several persons were arrested. One of them is A5. He is the petitioner herein. In connection with the case, his Maruthi Omni Van TN 69 AA 6399 has been seized by the police. A5 filed the property return petition in C.M.P.No.4924 of 2016 for interim custody of the same. It was strongly objected to by the prosecution.

3. On 13.07.2016, considering the gravity and nature of the offence, the learned Judicial Magistrate No.II, Karur dismissed the petition.

4. The learned counsel for the petitioner would contend that the petitioner will not alienate the Van. The Van is needed for his use. If it is unused it will become useless. He will abide by the conditions as the Court deems fit and impose.

5. The learned Government Advocate (Criminal side) submitted that the Van has been used in kidnapping a girl.

6. I have anxiously considered the rival submissions, perused the impugned order and the materials on record.

7.












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