Chandru @ Gokul v. The State Of Tamilnadu Rep. By Its Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Chandru @ Gokul .....

Petitioner Vs The State of Tamilnadu Rep. by its Inspector of Police, Mangalampettai Police Station, Cuddalore District.

Crime No.117 of 2024 .....

Respondent PRAYER: Criminal Revision Case is filed under Sections 438 r/w 442 of Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the order made in C.M.P.No.660 of 2025 on the file of the learned Judicial Magistrate No.II, Vridhachalam, Cuddalore District, dated 07.04.2025 in connection with Crime No.117 of 2024 on the file of the respondent police and thereby direct the respondent police to return the vehicle (Royal Enfield Two Wheeler) bearing Registration No. TN-91-AW-1722 to the custody of petitioner pending conclusion of trial.

For Petitioner : Mr.K.Palmurugan For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Criminal Revision has been filed challenging the order dated 07.04.2025 passed in C.M.P.No.660 of 2025 by the Judicial Magistrate No.II, Vridhachalam, Cuddalore District, thereby dismissing the petition filed by the petitioner seeking return of the vehicle, viz., Royal Enfield Two Wheeler bearing Registration No.TN-91-AW-1722.

2. The petitioner is the accused in Crime No.117 of 2024 registered for the offences under Sections 294(b), 324, 506(ii) and 307 of IPC. The petitioner is the owner of the bike viz., Royal Enfield, bearing Registration No.TN-91-AW-1722. Even according to the case of the prosecution, the petitioner did not use the vehicle to commit the alleged offence, but only travelled in the bike. However, pursuant to the registration of the FIR, the petitioner was arrested and the said vehicle was seized. Now the investigation is still pending. It is pertinent to note that the said vehicle was not in the commission of any offence.

3. Heard the learned counsel appearing on either side and perused the materials available on record.

4. Considering the facts and circumstances of the case, this Court

is inclined to return the vehicle to the petitioner and accordingly, the order 07.04.2025 passed in C.M.P.No.660 of 2025 on the file of the Judicial Magistrate No.II, Vridhachalam, Cuddalore District, is hereby set aside. The Judicial Magistrate No.II, Vridhachalam, Cuddalore District, is directed to return the vehicle viz., Royal Enfield Two Wheeler bearing Registration No.TN-91-AW-1722, to the petitioner, forthwith on the following conditions:- (i) the petitioner is directed to execute an own bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) to the satisfaction of the concerned Magistrate to the credit of Crime No.117 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.

7.

Accordingly, the Criminal Revision Case stands allowed. 19.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To

1. The Judicial Magistrate No.II, Vridhachalam, Cuddalore District.

2. The Inspector of Police, Mangalampettai Police Station, Cuddalore District.

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

Lpp

19.06.2025