Sekar v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Sekar .....

Petitioner Vs State represented by The Inspector of Police Veppankuppam Police Station Vellore (crime No.38 of 2025) .....

Respondent PRAYER:

Criminal Revision Case is filed under Section 438 r/w 442 of BNSS Act, 2023, praying to call for the records and set aside the order passed by the learned Judicial Magistrate, Additional Mahila Court, Vellore in Crl.MP.No.4522 of 2025 in crime No.38 of 2025 vide order dated 26.05.2025 and direct the respondent to release the Royal Enfield two-wheeler bearing registration No.TN 23 CC 6282.

For Petitioner : Mr.M.R.Thangavel For Respondent : Mr.A.Gopinath, Government Advocate(crl.side)

O R D E R

This Criminal Revision Case has been filed against the order dated 26.05.2025 passed by the learned Judicial Magistrate, Additional Mahila Court, Vellore in Crl.MP.No.4522 of 2025, thereby the petition filed for seeking to return the petitioner's vehicle - Royal Enfield two-wheeler bearing registration No.TN 23 CC 6282, was dismissed.

2.

The petitioner owns the vehicle - Royal Enfield two-wheeler bearing registration No.TN 23 CC 6282. He had used the vehicle to carry a stolen property, pursuant to which FIR was registered in crime No.38 of 2025 for the offences punishable under Sections 103(1), 109, 191(2), 191(3), 126(2), 296(b), 351(3), 115(2), 118(1), r/w 4 of TNPHW Act. Thereafter, the vehicle as well as the stolen property were seized and deposited before the trial court. Therefore, the petitioner filed a petition to return the vehicle. However, the petition was dismissed.

3.

Admittedly, the petitioner had carried a stolen property in his vehicle. However, it is submitted by the learned counsel for the petitioner that the return of the JCB vehicle which was seized in respect of the connected case, was considered by this Court. Therefore, this Court is inclined to return the vehicle to the petitioner. Accordingly, the order dated 26.05.2025 passed by the

learned Judicial Magistrate, Additional Mahila Court, Vellore in Crl.MP.No.4522 of 2025, is hereby set aside. The learned Judicial Magistrate, Additional Mahila Court, Vellore, is directed to return the vehicle - Royal Enfield two-wheeler bearing registration No.TN 23 CC 6282, 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.38 of 2025 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 Revision Case stands allowed. 18.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok

To 1.The learned Judicial Magistrate, Additional Mahila Court, Vellore 2.The Inspector of Police Veppankuppam Police Station Vellore

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

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18.06.2025