BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 05.09.2024 Pronounced on : 13.09.2024 CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Crl.R.C.(MD)No.705 of 2024 Valarmathi ... Petitioner Vs.

The State by The Inspector of Police, Koodal Pudur Police Station, Madurai City.

(Crime No.191 of 2024) ... Respondent Prayer : This Criminal Revision Petition filed under Sections 438 r/w 442 B.N.S.S., to set aside the order passed in Cr.M.P.No.1844 of 2024 dated 19.06.2024 by the learned Judicial Magistrate Court No.IV, Madurai, Madurai District and hand over the vehicle Mahindra Scorpio S10 Four Wheeler (COB White Colour) Chassis Number is MA1TA2SJXG2F10551 and the Engine Number is SJG4F20268 bearing Registration No.TN-55-

AQ-1048 to the petitioner's interim custody.

For Petitioner : Mr.R.Balamuruganantham For Respondent : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side)

ORDER

The Criminal Revision is directed against the order passed in Cr.M.P.No.1844 of 2024 dated 19.06.2024 on the file of the Judicial Magistrate No.4, Madurai, dismissing the petition filed under Sections 451 and 457 of the Code of Criminal Procedure.

2. It is not in dispute that on the basis of the complaint lodged by one Kaleeswari, FIR came to be registered in Crime No.191 of 2024 against four unknown persons for the alleged offences under Sections 452, 392 and 397 IPC.

3. The case of the prosecution is that on 27.04.2024 at about

05.00 p.m., when the defacto complainant along with her mother were at their house, four unknown persons came to their house and snatched 3½ sovereigns of gold chain and mobile phones by using knife and threat.

4. It is also not in dispute that after registration of the FIR, one Nithya was arrested and upon her confession statement, other accused were secured and in pursuance of the confession alleged to have been given by the said accused Nithya, the respondent police has recovered vehicles including the vehicle Mahindra Scorpio S10 four wheeler bearing Registration No.TN-55-AQ-1048.

5. The petitioner claiming to be the owner of the said vehicle has filed a petition under Sections 451 and 457 Cr.P.C. seeking interim custody of the said vehicle before the Court of the Judicial Magistrate No. 4, Madurai and the learned Magistrate, after taking the petition on file in Cr.M.P.No.1844 of 2024 and after considering the objections raised by the prosecution, has passed the impugned order dated 19.06.2024 dismissing the petition. Aggrieved by the order of dismissal, the present revision came to be filed.

6. The case of the petitioner is that the petitioner is the owner of the vehicle as well as the relative of the co-accused, that one Saravanan has been falsely roped into the case and is no way connected with the alleged crime and to wreck vengeance against the said Saravanan, the petitioner's car has been roped in this case, that the petitioner is ready to co-operate with the investigation, that if the vehicle is kept in idle, the vehicle would expose to sun and rain and it will be damaged to natural decay and the same would also affect the performance of the vehicle and its value and that therefore the petitioner may be granted interim custody of the said vehicle.

7. The respondent has filed a counter affidavit stating that the confession given by the accused Nithya revealed that the vehicle bearing Registration No.TN-55-AQ-1048 was purchased by the accused Saravanan, that though the Registration Certificate stands in the name of the petitioner, the confession given by the accused Nithya would clearly establish that the vehicle was purchased and utilized by the accused Saravanan, that it has become just and necessary to implead the said Saravanan as one of the party and he has to be heard before handing over the custody to the petitioner and that therefore the impugned order passed by the learned Magistrate cannot be found fault with.

8. No doubt, the learned Magistrate, by observing that since the accused in this case has given a confession st