Chennai Metro Rail Limited, v. The State By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Chennai Metro Rail Limited, METROS, Anna Salai, Nandanam, Chennai - 600 035.

Rep. by G.Rajarathinam Chief Geneeral Manager(HR and Legal) ... Petitioner Vs State Rep. by The Inspector of Police, K-10, Koyambedu Police Station, Chennai.

[Ref. : Crime No.599 of 2023] ... Respondent PRAYER: Criminal Original Petition filed under Section 528 of BNSS 2023, to call for the records and to modify the condition that 3. The petitioner/ owner of the property has to keep the case property as it is and he should not sell or encumber or alter the nature of the case property and keep the case property in good condition. 4. The petitioner / owner of the property shall produce the case property before this Court as and when

required by this Court imposed in Order dated 15th June 2024 in Crl.M.P.No.31376/2024 on the file of the learned V Metropolitan Magistrate at Chennai and permit the petitioner company to erect the 4 iron beams.

For Petitioner : Mr.S.Santhosh Kumar For Respondents : Dr.C.E.Pratap, Government Advocate(Crl.Side)

O R D E R

This Criminal Original Petition has been filed to call for the records and to modify the conditions imposed by the learned V Metropolitan Magistrate at Chennai vide order dated 15th June 2024 in Crl.M.P.No.31376/2024, that, the petitioner/ owner of the property has to keep the case property as it is and he should not sell or encumber or alter the nature of the case property and keep the case property in good condition and the petitioner / owner of the property shall produce the case property before this Court as and when required by this Court. Further, the petitioner seeking permission to erect 4 iron beams.

2. Heard the learned counsel appearing for the petitioner and the

learned Government Advocate (Crl.Side) appearing for the respondentPolice and perused the materials available on record.

3. Admittedly, the petitioner is the owner of the case property in Crime No.599 of 2023 on the file of the respondent-Police. The petitioner filed a petition under Section 457 of Cr.P.C., Crl.M.P.No.31376 of 2024 before the learned V Metropolitan Magistrate, Egmore, Chennai, seeking interim custody of the case property which was seized by the respondent-Police from the accused in Crime No.599 of 2023. Upon perusing the records, the learned Magistrate has rightly ordered that the case property to be handed over to the petitioner towards interim custody on certain conditions. Now, the petitioner has filed this criminal original petition seeking to modify the some of the conditions imposed by the learned Magistrate.

4. Considering the fact that the photograph of the case property has been marked and also considering the nature and utilization of property, condition Nos. 3 and 4 of the impugned order passed by the

learned Magistrate alone are set aside.

5. In view of the same, this Criminal Original Petition is disposed of.

13.06.2025 mfa Index:Yes/No Speaking Order: Yes/No To

1. The V Metropolitan Magistrate at Chennai.

2. The Inspector of Police, K-10, Koyambedu Police Station, Chennai.

3. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J mfa 13.06.2025