CHENNAI: The Madras High Court has granted ‘bail’ to an ‘accused’, in this case a two-wheeler, which was confiscated as it was allegedly used for transportation of illicit liquor, subject to certain conditions such as bond and requirement to produce before the investigating officer/court whenever needed.
Justice M Venugopal granted the relief while passing orders on a criminal revision petition from S Vijaya challenging the orders dated January 21 this year of the District-Munsif-cum-Judicial Magistrate in Nannilam in Thanjavur district rejecting her plea to release the two-wheeler.
The judge said that Vijaya shall executive a bond for `20,000 along with two sureties for a like sum to the satisfaction of the DM-cum-JM, Nannilam. She shall surrender the RC book and the Magistrate is at liberty to return the same in case of renewal, registration or for insurance. She shall also give an undertaking that she will cause the production of the vehicle - Hero Honda Splendor Plus - before the appropriate/competent authority/court as and when called for and further shall not alienate the vehicile.
The judge pointed out that admittedly the police had seized the vehicle, which was used for her own use, namely, agricultural activities and for taking her children to school and proceeding to hospital. If the bike is kept in open space at the police station, during sunshine and rain, the battery and engine would get rusted an the tyres would get worn out.
Citing a Supreme Court judgment, which stated that subject to certain conditions, the custody of vehicle can be entrusted during the pendency of trial temporarily to its registered owner and that a court of law has power to do so, the judge quashed the Nannilam JM January 21 order and directed it to release the two-wheeler to the petitioner subject to the conditionsheeler to the petitioner subject to the conditions.