IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.07.2019

CORAM

THE HONOURABLE MR. JUSTICE P.N.PRAKASH

Crl.R.C.No.427 of 2019

Thirumanigandan

S/o.Perumal

... Petitioner

-Vs-

1. State rep. by

The Inspector of Police

Ammapet Police Station

Salem.

2. K.N.Venkatesan

S/o.C.Natarajan

.. Respondents

* 2nd respondent is suo-moto impleaded

as per the order of this Court dated 13.06.2019

in Crl.RC.No.427 of 2019

Criminal Revision Petition filed under section 397

r/w 401 of the Code of Criminal Procedure to set aside

the order passed in CMP.No.606 of 2019 on the file of the

learned Judicial Magistrate No.5, Salem, dated 08.03.2019

and direct the respondent to return the property namely,

the TATA INDICA Car bearing Registration No.TN-10-AL-4548

belong to the petitioner.

For Petitioner :

Mr.K.Pragadeesh Kumar

For Respondent :

Mrs.Kritika Kamal.P

Government Advocate (Crl.Side)

for R1

O R D E R

This Criminal Revision Petition has been filed to

set aside the order dated 08.03.2019 passed in CMP.No.606

of 2019 on the file of the Judicial Magistrate Court

No.5, Salem, and to direct the respondent to return the

property namely, the TATA INDICA Car bearing Registration

No.TN-10-AL-4548 belonging to the petitioner.

2. Today, Mr.Ananthakumar, Assistant Commissioner of

Police, Law and Order, North Range, Salem City,

Mr.M.Krishnamoorthy, Inspector of Police, Ammapet Police

Station, Salem City and Mr.K.N.Venkatesan, the second

respondent, are present before this Court.

3. Heard the learned counsel for the petitioner and

the learned Government Advocate for the first respondent.

4. On 21.06.2019, this Court passed the following

order:

https://hcservices.ecourts.gov.in/hcservices/

"The Inspector of Police, Ammapet

Police Station, is investigating the case in

Ammapet Police Station Crime No.546 of 2018,

initially registered for 'man missing' and

later on altered to one under Section 387,

364, 302 and 201 I.P.C. During the course of

investigation, it came to light that the

accused involved in this case had abducted

one

Gopi

and

had

murdered

him.

Subsequently, the police seized a Tata

Indica car bearing Registration No.TN-10-AL-

4548 and produced the same before the

Judicial

Magistrate

No.V,

Salem.

Thirumanigandan, one of the accused in this

case filed C.M.P.No.606 of 2019 in Crime

No.546 of 2018 under Section 451 Cr.P.C. for

return of the said vehicle.

While

dismissing the petition on 08.03.2019, the

learned Judicial Magistrate No.V, Salem has

made the following observation.

“It is also pertinent to note

that already one K.N.Venkatesan,

made petition as if he is the real

owner of the vehicle that too in

Sessions Case on the material

evidence. The same was dismissed

by this Court on 10.01.2019.

Being

material

evidence

in

Sessions Case, this Court is not

inclined to grant interim custody

of the vehicle to the accused.”

2. Therefore, this Court directed the

police to bring Mr.K.N.Venkatesan for

enquiry.

Today, Mr.K.N.Venkatesan, S/o

C.Natarajan appeared before this Court and

stated that he had purchased the said car

some time in the year 2013 and in the year

2018, he exchanged the car through

M/s.Maansarovar Automobile Pvt Ltd., Porur,

Chennai, for a new one, and he further

categorically stated that he had not filed

any petition for return of the property

before the Judicial Magistrate No.V, Salem.

3. Mr.Bhaskaran, Sub Inspector of

Police, Ammapet Police Station is also

present in Court today. In view of the

categorical

assertion

made

by

Mr.K.N.Venkatesan that he had not filed any

petition for return of property before the

Judicial Magistrate No.V, Salem, it has

become imperative to conduct a thorough

enquiry in this regard.

4. Therefore, this Court directs the

Assistant Commissioner of Police (North),

https://hcservices.ecourts.gov.in/hcservices/

Sa