The Supreme Court has ordered the release of a TATA Tipper Lorry seized in September 2021 in Tamil Nadu, on certain conditions. The vehicle, held in connection with a criminal case registered at Police Station Karimangalm under various provisions of the Indian Penal Code (IPC), was deemed by the Court to be unnecessarily occupying public space within the Magistrate Court complex.

The Bench of Justice Hrishikesh Roy and Justice SVN Bhatti said, "Keeping a vehicle like a Tipper Lorry idle is not serving anybody’s interest. It is resulting in damage to the stationary vehicle which is kept within the Magistrate Court complex. Public spaced is also occupied."

Initially, the petitioner, who is the registered owner of the lorry and also an accused in the criminal case, had filed an application under Section 451 of the Criminal Procedure Code (CrPC) seeking the release of the lorry. However, this request was rejected by the Sessions Court on January 22, 2022, citing ongoing investigations.

The petitioner subsequently approached the Madras High Court challenging the Sessions Court's order. The High Court dismissed the revision application on March 25, 2022, noting the application of provisions under the Mines and Minerals (Development and Regulation) Act, 1957, and the potential risk of tampering with evidence.

Unsatisfied with the High Court's decision, the petitioner had filed a Special Leave Petition (SLP) before the Apex Court.

The Apex Court, after considering the circumstances, decided to release the TATA Tipper Lorry under specific conditions. These include the petitioner furnishing a bond of Rs. 5,00,000 to the satisfaction of the Trial Court, undertaking to produce the vehicle as required by the Court, and refraining from creating any third-party rights over the lorry.

"Considering the above, we deem it appropriate to order for release of the TATA Tipper Lorry vehicle with registration No.TN 29BF 4914. The release will be however be subject to the petitioner (registered owner) furnishing a bond of Rs.5,00,000/- (Rupees five lakhs only) to the satisfaction of the Trial Court with an undertaking that the vehicle would be produced before the Court as and when required. The owner of the vehicle should not also create any third party right for the vehicle in question," the Court said in its order dated July 16.

Accordingly, the Court allowed the Special Leave Petition.

Cause Title: Perichi Gounder v. Tamil Nadu State

Appearance:-

Petitioner: Senior Advocate Haripriya Padmanabhan, Karuppaiah Meyyappan, Raghunatha Sethupathy B (AOR), Kanika Kalaiyarasan, Sabari Bala Pandian, Abhishek Kalaiyarasan

Respondent: Advocates D. Kumanan (AOR), Deepa. S, Sheikh F. Kalia, Chinmay Anand Panigrahi

Click here to read/download the Order


Justice Hrishikesh RoyJustice SVN Bhatti

Sukriti Mishra