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Judgment
P.Somarajan, J
A JCB was employed by the accused so as to grab a certain portion of the property owned by the Municipality by excavation. The adjoining soil was removed by grabbing a portion of the property owned by the Municipality and that has resulted in collapse of the compound wall. It is submitted that there exists a civil dispute as to the boundary between the property belonging to the accused and the Municipality. It is the accused who employed the JCB for the purpose of removing the soil and demolishing the adjoining compound wall. The application submitted for release of the vehicle under Section 457 Cr.P.C. was not properly considered by the Magistrate Court. In fact, the custody of the said vehicle is not at all necessary to proceed further with the investigation. As such, it can be released on proper Kychit. It can be released on executing sufficient security, for that purpose, the matter is remanded back to the Magistrate Court concerned. The parties shall appear before the Magistrate Court on 01/04/2024. The terms and conditions of the Kychit shall be decided and determined by the Magistrate concerned.
The Criminal Revision Petition will stand disposed of accordingly.