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Madras High CourtCRL RC/1430/2025allowed

Nallamuthu v. State Represented By, Inspector Of Police,

2025-08-13Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Nallamuthu ... Petitioner Vs.

State represented by:

Inspector of Police, Ariyalur Police Station, Cr.No.296 of 2025 .. Respondent PRAYER: Criminal Revision Case filed under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to set aside the order dated 08.08.2025 passed in Crl.MP.No.1407 of 2025 on the file of the Judicial Magistrate No.1 at Ariyalur, insofar as it relates to the condition No.1 and 6 by allowing this criminal revision petition. For Petitioner : Mr.P.Raja For Respondent : Mr.A.Gopinath, Government Advocate(crl.side)

O R D E R

This criminal revision case has been filed praying to set aside the order dated 08.08.2025 passed in Crl.MP.No.1407 of 2025 on

the file of the Judicial Magistrate No.1 at Ariyalur, insofar as it relates to the condition No.1 and 6.

2.

Heard, the learned counsel appearing on either side and perused, all the materials placed before this Court. 3.

It is seen that in respect of crime No.296 of 2025, the petitioner's vehicles i.e. 1) Ashok Leyland Ecomet - BS IV, bearing Reg.no.TN 09 CL 4731, 2) TATA ultra, bearing Reg.No.TN 09 CP 4783 and 3) Ashok Leyland Ecomet - BS IV, bearing Reg.No.TN 09 DK 0472 were seized by the respondent and produced before the Court of the Judicial Magistrate No.I, at Ariyalur for judicial custody in RP.No.88 of 2025. Therefore, the petitioner filed a petition to return those vehicles. Though the learned Judicial Magistrate No.I, at Ariyalur allowed the petition, certain conditions were imposed. Aggrieved over some of the said conditions, this criminal revision case has been filed by the petitioner.

4.

On perusal of the affidavit filed in support of this criminal revision case, this Court is inclined to modify certain conditions imposed by the learned Judicial Magistrate No.I, at Ariyalur by order dated 08.08.2025 in Crl.MP.No.1407 of 2025 as follows: (i) the condition "the petitioner shall execute a bond for vehicles each Rs.15,00,000/- with two sureties for like sum" is modified to the effect that "in respect of each vehicle, the petitioner is directed to execute a 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.296 of 2025 pending on the file of the respondent police". (ii) the condition "the petitioner shall produce the said property in the same physical condition before this Court, when he is required to do so" is modified to the effect that "the petitioner shall produce the vehicles before the Court and before the respondent police as and when required".

(iii) the condition "The petitioner should produce the vehicle every month First Working day" stands deleted.

(iv) The other conditions imposed by the learned Judicial Magistrate No.I, at Ariyalur shall remain intact. 5.

With the above modifications, this criminal revision case stands partly allowed.

13.08.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok

To 1.The Judicial Magistrate No.1 at Ariyalur 2.Inspector of Police, Ariyalur Police Station, 3.The Public Prosecutor, High Court of Madras

G.K.ILANTHIRAIYAN, J.

lok 13.08.2025