S.Jannath Birthous v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.07.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN S.Jannath Birthous, W/o. Shahul Hameed, 97B/13, Sornapuram Street, Tenkasi.

...Petitioner

Vs.

State Rep. by its Inspector of Police, Chettipalayam Police Station, Coimbatore district.

Cr.No.308/2024 ... Respondent PRAYER: Criminal Revision Petition filed under Section 438 & 442 of BNSS, 2023, to set aside and modify the first condition mentioned in order passed in Crl.M.P.No.1699/2024 by the learned District Munsif cum Judicial Magistrate, Madukkarai dated 07.11.2024.

For Petitioner : Mr.M.Saravanakumar For Respondent : Mr.A.Gopinath Govt. Advocate (Crl.side)

ORDER

This Criminal Revision has been filed to modify the first condition mentioned in the order passed in Crl.M.P.No.1699/2024 by the learned District Munsif cum Judicial Magistrate, Madukkarai dated 07.11.2024.

2. The learned counsel for the petitioner submitted that the petitioner is the owner of the two wheeler bearing registration number TN 76 AT 8616 which was seized by the respondent as the vehicle was said to have involved in the crime alleged to have been committed by the petitioner. Thereafter the petitioner filed a petition before the trial court for return of the property and the trial Court vide order dated 07.11.2024 allowed the said petition on certain conditions. Aggrieved over the first condition imposed by the trial Court, the present revision petition is filed before this Court.

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent.

4. Considering the facts and circumstances of the case, this Court is inclined to modify the first condition imposed by the trial court.

5. Accordingly, this Criminal Revision Case is allowed and the first condition imposed in the order dated 07.11.2024 passed in Crl.M.P.No.1699/2024 on the file of the learned District Munsif cum Judicial Magistrate of Madukkarai, is modified to the effect that instead of producing sureties each to the value of Rs.1,00,000/-, the petitioners shall jointly execute a bond for a sum of Rs.1,00,000/- to the satisfaction of learned Judicial Magistrate of Madukkarai. The other conditions imposed by the trial court remains unaltered.

08.07.2025 Index : Yes/No Internet : Yes Speaking/Non-speaking order bkn

G.K.ILANTHIRAIYAN, J.

bkn To

1. District Munsif cum Judicial Magistrate of Madukkarai

2. Inspector of Police, Chettipalayam Police Station, Coimbatore district.

3. The Public Prosecutor, Madras High Court.

08.07.2025