Naveenakumari v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.09.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR Naveenakumari ... Petitioner Vs.

State represented by, The Inspector of Police, Sudarapuram Police Station, Coimbatore District.

(Crime No.211 of 2024) ... Respondent PRAYER : Criminal Original Petition is filed under Section 528 of BNSS, to modify the conditions imposed on the petitioner in paragraph 4(1) that the petitioner shall produce two sureties each for Rs.1,00,000/- to the satisfaction of the trial Court and in paragraph 4(2) that the petitioner shall produce the vehicle before the trial court on the first working day of every month in Crl.M.P.No.1828 of 2024 dated 14.11.2024 on the file of the District Munsif cum Judicial Magistrate Court at Madukarai. For Petitioner : Mr.J.Thomas Saran Singh For Respondent : Mr.R.Vinothraja Government Advocate (Criminal Side) 1/4

O R D E R

The Criminal Original Petition has been filed seeking to modify the condition imposed by the learned District Munsif cum Judicial Magistrate, Madukarai, on 14.11.2024 in Crl.M.P.No.1828 of 2024. 2.

The grievance of the petitioner is that she is the owner of the vehicle bearing registration No.TN 99 AA 7354, which was being used by her relative, one Udhayasuriyan. On the alleged date of occurrence, since the said Udhayasuriyan was involved in Crime No.211 of 2024 registered for the offences under Sections 296(b), 351(3) BNS @ 296(b), 351(3), 126(2) and 308(A) BNS, the respondent Police seized the petitioner's vehicle. Subsequently, the petitioner, who is not an accused in this case, filed a petition in Crl.M.P.No.1828 of 2024 seeking return of her vehicle. The learned District Munsif cum Judicial Magistrate, Madukarai, while allowing the petition on 14.11.2024, directed the petitioner to execute two sureties each for Rs.1 lakh and also to produce the vehicle before the Court on the first working day of every month. Since the petitioner is a daily wager, she is not in a position to mobilize such a huge amount and is unable to appear on the first working day of every month. Hence, she is unable to take back her vehicle and has prayed to modify the conditions. 2/4

3.

Heard both sides and perused the materials available on record.

4.

Considering the facts and circumstances of the case and taking note of the fact that the petitioner, who is not an accused in this case, is the original owner of the vehicle, this Court is inclined to modify the conditions.

5.

Accordingly, the condition No.4(1) imposed by the learned learned District Munsif cum Judicial Magistrate, Madukarai, in Crl.M.P.No.1828 of 2024 on 14.11.2024, is modified to the effect that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the Court.

6.

In view of the above, this Criminal Original Petition stands disposed of.

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N. SATHISH KUMAR , J.

ham To

1. The District Munsif cum Judicial Magistrate, Madukarai.

2. The Inspector of Police, Sudarapuram Police Station, Coimbatore District.

3. The Public Prosecutor, High Court of Madras.

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