Madhan Kumar v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Madhan Kumar .....

Petitioner Vs State rep. by The Inspector of Police, Vanur Police Station, Villupuram District (crime No.57 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 Crl.MP.No.416 of 2025 dated 07.07.2025 on the file of the Judicial Magistrate Court, Vanur and direct the respondent to release the vehicle "Ashok Leyland Lorry" bearing Registration No.TN 16 H 5902 (Engine No.NLHZ406085), (chassis No.MB1A9CHD8NRLV8011) which was seized in connection with the crime No.57 of 2025 on the file of the respondent police to the petitioner. For Petitioner : Mr.S.Sivakumar 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 passed in Crl.MP.No.416 of 2025 dated 07.07.2025 on the file of the Judicial Magistrate Court, Vanur and direct the respondent to release the vehicle "Ashok Leyland Lorry" bearing Registration No.TN 16 H 5902 (Engine No.NLHZ406085), (chassis No.MB1A9CHD8NRLV8011) which was seized in connection with the crime No.57 of 2025 on the file of the respondent police to the petitioner.

2.

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

3.

The petitioner owned a vehicle "Ashok Leyland Lorry" bearing Registration No.TN 16 H 5902 (Engine No.NLHZ406085), (chassis No.MB1A9CHD8NRLV8011). While being so, on 09.04.2025, a fatal accident occurred inside the SSK quarry at Thiruvakkarai Village, Vanur, Villupuram District while using compressor tractor engaged for blast work, due to which an employee of the quarry died due to explosion. Thereafter, on a complaint, FIR was registered in crime No.57 of 2025 for the offences punishable under Sections 106(1), 238(C) of BNS. In pursuant to the registration of FIR, the

lorry which was used for quarrying purpose, seized by the respondent and produced before the court concerned. Therefore, the petitioner, being the owner of the said vehicle, filed the petition to return the vehicle. However, it was dismissed, against which this criminal revision case has been filed. 4.

On perusal of records, it is revealed that admittedly the said lorry has nothing to do with the alleged occurrence and the same was used only to dig up a pit for explosion purpose. Considering the same, this Court is inclined to return the aforesaid vehicle to the petitioner. Accordingly, the impugned order passed in Crl.MP.No.416 of 2025 dated 07.07.2025 on the file of the Judicial Magistrate Court, Vanur, is hereby set aside. The learned Judicial Magistrate Court, Vanur, is directed to return the vehicle "Ashok Leyland Lorry" bearing Registration No.TN 16 H 5902 (Engine No.NLHZ406085), (chassis No.MB1A9CHD8NRLV8011) to the petitioner, forthwith on the following conditions:- (i) 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 in crime No.57 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. 25.08.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok

To 1.The Judicial Magistrate Court, Vanur 2.The Inspector of Police, Vanur Police Station, Villupuram District

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

lok 25.08.2025