Nagappan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.No.914 of 2025 Nagappan ... Petitioner Vs State rep. by Inspector of Police CBCID - North Cuddalore P.S., Cuddalore Cr.No.01 of 2024 ... Respondent PRAYER: Criminal Revision Case is filed under Section 397 r/w 401 of Cr.P.C., to call for the records in Crl.M.P No.3839 of 2025 in Crime No.1 of 2024 dated 09.04.2025 on the file of learned Chief Judicial Magistrate, Cuddalore and set aside the same.

For Petitioner : Mr. V.Balu For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

This Criminal Revision has been filed challenging the order passed in Crl.M.P No.3839 of 2025 in Crime No.1 of 2024 dated 09.04.2025 on the

file of learned Chief Judicial Magistrate, Cuddalore and set aside the same, thereby dismissed the petition to return the property. 2.Heard the learned counsel appearing on either side and perused the materials available on record.

3.On perusing the documents placed on record, it is seen that the petitioner owns a Fortuner Sigma 4 Toyota Kirloshkar car bearing registration No.TN-09-CV-5225. While being so, the respondent lodged an FIR in Crime No.1 of 2024 for offences under Sections 465, 468, 472 r/w 511 of IPC @ 120(b), 201, 420, 465, 468, 472, 471 r/w 511 of IPC in C.P.No.4 of 2025 alleging that the petitioner fabricated the certificate of the University of Annamalai and used it.

4. It is pertinent to point out that according to the case of the prosecution, the above said vehicle owned by the petitioner was used for committing the said crime. However, the allegations are no way connected with the car. Though the petitioner travelled in the car possessing the fake certificate, it would not amount to conclude that the vehicle is also involved in the crime.

5.Therefore, this Court is inclined to return the vehicle to the petitioner and accordingly, the order passed in Crl.M.P.No.3839 of 2025 dated 09.04.2025 by the learned Chief Judicial Magistrate, Cuddalore, is hereby set aside. The learned Chief Judicial Magistrate, Cuddalore, is directed to return the Fortuner Sigma 4 Toyota Kirloshkar car bearing registration No.TN-09-CV5225 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.1 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.

6. Accordingly, the Criminal Revision Case stands allowed. 30.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order

To 1.The Chief Judicial Magistrate Cuddalore

2. State rep. by Inspector of Police CBCID - North Cuddalore P.S., Cuddalore Inspector of Police,

3. The Public Prosecutor, Madras High Court, Chennai.

ssd

G.K.ILANTHIRAIYAN, J.

Crl.R.C.No. 914 of 2025 30.06.2025