ORDER
This petition has been filed under Section 482 Cr.P.C, to direct the learned Judicial Magistrate No. 1, Udumalpet to entertain the surety memo dated 05.06.2014 submitted by the petitioner and return the Sumo Grande MK II GX Car bearing Regn. No. TN 37 BK 8381 to the petitioner.
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.
3. The vehicle in question was seized by the respondent police for alleged offences under section 420 IPC in connection Crime No. 35 of 2013. The petitioner filed an application before the learned Judicial Magistrate No. I, Udumalpet for interim custody of the vehicle. The court below granted interim custody of the vehicle to the petitioner subject to the following conditions.
Text in vernacular.
4. Pursuant to the direction issued, the petitioner filed a bond for the requisite amount. The petitioner appears to have annexed a certified copy of the partition deed dated 23.05.1996 to show that he has been allotted certain extent of property under the said partition deed. The learned Judicial Magistrate returned the surety on the ground that the partition deed does not specifically state what is the value of the share of the property allotted to the petitioner. Challenging the said order only, this Criminal Original Petition has been filed.
5. In terms of the direction issued by the court below on 17.03.2014, the condition imposed is only to furnish a bond for value of Rs. 10,00,000/-. Therefore, even if the petitioner has filed copy of the partition deed, it is only a superfluous document which can be accepted by the court below. Therefore, the order of the court below 05.06.2014 rejecting the surety is set aside and the learned Judicial Magistrate No. 1, Udumalpet is directed to accept the surety alongwith copy of the partition deed and return the vehicle to the petitioner, if he has satisfied the other conditions stipulated by the court below.
6. In view of the above, this Criminal Original Petition is disposed of with the above direction.