A.Manikandan v. State Rep By Its, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN A.Manikandan .....

Petitioner Vs State Rep by its The Inspector of Police PEW - Kancheepuram Police Station Kancheepuram District (crime No.23 of 2025) .....

Respondent PRAYER:

Criminal Revision Case is filed under Section 438 r/w 442 of BNSS, 2023, praying to set aside the order passed in CMP.No.490 of 2025 dated 13.06.2025 on the file of learned Judicial Magistrate No.II at Kanchipuram allowing this criminal revision petition.

For Petitioner : Mr.Mahendran For Respondent : Mr.A.Gopinath, Government Advocate(crl.side)

O R D E R

This Criminal Revision Case has been filed against the order passed in CMP.No.490 of 2025 dated 13.06.2025 on the file of learned Judicial Magistrate No.II at Kanchipuram, thereby dismissing the petition filed for seeking to return the petitioner's two wheeler. 2.

The petitioner owned a vehicle bearing Regn.No.TN-19-BC-3721, "HONDA ACTIVA DLX", Chasis No.ME4JK158GRG022786, Engine No.JK15EG7022621, "PEARL PRECIOUS WHITE" in colour. On the date of occurrence, the respondent found that the aforesaid vehicle was involved in illegal transportation of 27 liquor bottles, each containing 180 ml. Hence, FIR was registered in crime No.23 of 2025 for the offences punishable under Section 4(1)(C) of Tamilnadu Prohibition (Amendment) Act. In pursuant to the registration of FIR, the aforementioned vehicle was seized by the respondent and produced before the court concerned. Therefore, the petitioner, being the owner of the vehicle, filed petition to return the vehicle. However, it was dismissed by the learned Judicial Magistrate No.II at Kanchipuram. Aggrieved by the said order, this criminal revision case has been filed.

3.

Heard, the learned counsel appearing on either side and perused, all the materials placed before this Court.

4.

On perusal of records, it is revealed that the said vehicle is not required for further investigation as the same has already been inspected and documented by the investigating officer. Therefore, this Court is inclined to return the vehicle to the petitioner. Accordingly, the order passed in CMP.No.490 of 2025 dated 13.06.2025 on the file of learned Judicial Magistrate No.II at Kanchipuram, is hereby set aside. The learned Judicial Magistrate No.II at Kanchipuram, is directed to return the vehicle bearing Regn.No.TN-19-BC-3721, "HONDA ACTIVA DLX", Chasis No.ME4JK158GRG022786, Engine No.JK15EG7022621, "PEARL PRECIOUS WHITE" in colour, to the petitioner, forthwith on the following conditions:- (i) the petitioner is directed to execute a own bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the concerned Magistrate to the credit of crime No.23 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.

5. Accordingly, the Criminal Revision Case stands allowed. 19.08.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok

To 1.The learned Judicial Magistrate No.II at Kanchipuram 2.The Inspector of Police PEW - Kancheepuram Police Station Kancheepuram District

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

lok 19.08.2025