Rajendiran v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Rajendiran ... Petitioner Vs State By The Sub Inspector of Police, Vridhachalam Police Station, Cuddalore.

Crime No.1895/2020 ... Respondent PRAYER: Criminal Revision Case is filed under Section 397 read with 401 of Code of Criminal Procedure, to direct the Judicial Magistrate No.I, Vridhachalam to return the farm tractor bearing no.TN 77 A 3354 to the petitioner.

For Petitioner : M/s S.Nishanthi For Respondent : Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This Criminal Revision has been filed directing the Judicial Magistrate No.I, Vridhachalam to return the farm tractor bearing No.TN 77 A 3354 to the petitioner.

2. Heard the learned counsel appearing on either side and perused

the materials placed on record.

3. The petitioner owned a Farm Tractor bearing Registration No.TN 77 A 3354. It was hired by the accused to transport river sand weighing 1⁄2 unit. The accused illegally transported the same without any valid permit and as such, the respondent registered FIR in Crime No.1895 of 2020 for the offence punishable under Section 379 and 430 of IPC and Section 21(1) of Mines and Mineral (Development and Regulation) Act, 1957.

4. Pursuant to the registration of FIR, the vehicle has been seized and produced before the Court. Though the petitioner is the owner of the vehicle, he has also been arrayed as an accused. He filed a petition for return of property in Crl.M.P.No.2344 of 2023 on the file of the Judicial Magistrate No.I, Vridhachalam and the same was dismissed on 13.09.2023.

5. Now, the learned Government Advocate (Crl.side) appearing for the respondent Police submitted that the investigation in Crime No.1895 of 2020 has been completed and filed a final report.

6. Considering the facts and circumstances of the case and also quantum of sand involved, this Court is inclined to return the vehicle. Accordingly, the order dated 13.09.2023 made in Crl.M.P.No.2344 of 2023 passed by the Judicial Magistrate No.I, Vridhachalam, is hereby set aside. The Judicial Magistrate No.I, Vridhachalam, is directed to return the Farm Tractor bearing Registration No.TN 77 A 3354 to the petitioner, forthwith on the following conditions:- (i) the petitioner is directed to execute a own bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the satisfaction of the concerned Magistrate to the credit of Crime No.1895 of 2020 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.

6. Accordingly, the Criminal Revision Case stands allowed. 05.08.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

To

1. The Judicial Magistrate No.I, Vridhachalam.

2. The Sub Inspector of Police, Vridhachalam Police Station, Cuddalore.

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, mn 05.08.2025