Mohana v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Mohana ... Petitioner Vs.

The State Rep by The Inspector of Police, Sulur Police Station, Coimbatore District, Crime No.460 of 2024.

... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in Crl.R.C.No.70 of 2020 dated 30.09.2024 passed by the learned Principal District and Session Judge, Coimbatore and set aside the same and to grant interim custody of Ashok Leyland Tipper Lorry vehicle bearing Registration No.TN-39-BU-1722 to the petitioner. For Petitioner : Mr.N.Balakrishnan For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor

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.70 of 2020, confirming the order dated 29.08.2024, passed by the learned Judicial Magistrate, Sulur, in C.M.P.No.2532 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.460 of 2020 registered for the offences under Section 379 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-39-BU-1722 and it was used for taking gravel sand from the government promboke land to the tune of three units. 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.70 of 2020, on the file of the learned Principal District and Session Judge, Coimbatore, and the order dated 29.08.2024, in C.M.P.No.2532 of 2024 on the file of the learned Judicial Magistrate, Sulur, are hereby set aside. The Judicial Magistrate, Sulur, is directed to return the vehicle viz., Ashok Leyland Tipper Lorry bearing registration No.TN-39-BU-1722 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.460 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.

4.

Accordingly, the Criminal Original Petition stands allowed. 06.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts

To

1. The Principal District and Session Judge, Coimbatore

2. The Judicial Magistrate, Sulur.

3. The Inspector of Police, Sulur Police Station, Coimbatore District,

4. The Public Prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J.

rts 06.02.2025