S.Jagadeeswari v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Jagadeeswari ... Petitioner Vs.

The State rep by, Inspector of Police, M-1, Periyanaickenpalayam Police Station, Coimbatore District.

Crime No.271 of 2024. ..Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the order passed by the learned Principal District and Sessions Judge, Coimbatore in Crl.R.C.No.64 of 2024 dated 30.09.2024 as confirmed by the order of learned Judicial Magistrate Court -V, Coimbatore in Crl.M.P.No.21477 of 2024 dated 18.07.2024 and to grant interim custody of Ashok Leyland Tipper Lorry vehicle bearing Registration No.TN-94-Z-9132 to the petitioner.

For Petitioner : Mr.M.N.Balakrishnan For Respondent : Mr.K.M.D.Muhilan, Government Advocate (crl.side)

O R D E R

This petition has been filed challenging the order dated 30.09.2024, passed by the learned Principal District and Session Judge, Coimbatore, in Crl.R.C.No.64 of 2024, confirming the order dated 18.07.2024, passed by the learned Judicial Magistrate, Court-V, Coimbatore in C.M.P.No.21477 of 2024, thereby dismissing the petition for return of vehicle.

2.

Heard the learned counsel appearing on either side and perused the materials placed on records.

3.

The petitioner is an accused in Crime No.271 of 2024 registered for the offences under Section 379 and 511 of IPC and under Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957, alleging that the petitioner owned vehicle viz., Ashok Leyland Tipper Lorry bearing registration No. TN-94-Z-9132 and it was used for taking gravel sand from the government promboke land. During the

vehicle check it is found that they were illegally transported the gravel sand. Immediately, the vehicle was seized by the respondent. Though the petitioner is an accused, she is the first time offender and it is only gravel sand.

4.

Considering the above facts and circumstances, the order dated 30.09.2024 made in Crl.R.C.No.64 of 2024, on the file of the learned Principal District and Session Judge, Coimbatore, and the order dated 18.07.2024, in C.M.P.No.21477 of 2024 on the file of the learned Judicial Magistrate Court-V, Coimbatore, are hereby set aside. The Judicial Magistrate, Court-V, Coimbatore is directed to return the vehicle viz., Ashok Leyland Tipper Lorry bearing registration No.TN-94-Z9132 to the petitioner, forthwith on the following conditions:- (i) the petitioner is directed to execute a bond for a sum of Rs.5,00,000/- (Rupees five lakhs only) with two solvency sureties each for the likesum to the satisfaction of the concerned Magistrate to the credit of Crime No.271 of 2024 pending on the file of the respondent police.

(ii) the petitioner shall deposit the original registration certificate

of the vehicle with the concerned Magistrate. (iii) the seized item should be photographed at the cost of the petitioner herein and a list is to be prepared and the same is to be signed by the petitioner.

(iv) the petitioner shall not alienate and shall not make any alteration in the vehicle.

(v) the petitioner shall produce the vehicle before the Court and before the respondent police as and when required; (vi) If any of the conditions are violated, this order automatically stands cancelled.

5.

Accordingly, the Criminal Original Petition stands allowed. 12.02.2025 : Yes/No Speaking/non-speaking order shk

To 1.Principal District and Session Judge, Coimbatore. 2.Judicial Magistrate Court-V, Coimbatore.

3.Inspector of Police, M-1, Periyanaickenpalayam Police Station, Coimbatore District.

Crime No.271 of 2024.

4. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

shk 12.02.2025

G.K.ILANTHIRAIYAN, J.

Today, this matter has been listed under the caption "For being mentioned" at the instance of the learned counsel for the petitioner.

2. This Court perused the order of this Court dated 12.02.2025 in Crl.O.P.No.3574 of 2025 and there being no ambiguity in the said order, this Court is of the view that no further order is required in this case and the order of this Court dated 12.02.2025 shall stand remain. 19.03.2025 mn

G.K.ILANTHIRAIYAN, J.

mn