Kaleeswari v. The State Of Tamil Nadu Rep By Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Kaleeswari ... Petitioner Vs State rep. by The Sub-Inspector of Police, Madathukulam Police Station, Tiruppur District.

Crime No.25 of 2024 ... Respondent PRAYER: Criminal Revision Case is filed under Section 438 r/w 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records relating to the order dated 24.07.2024 made in Crl.M.P.No.627 of 2025 passed by the learned District Munsif Cum Judicial Magistrate, Madathukulam and set aside the same by allowing this Criminal Revision Petition.

For Petitioner : M/s.A.Akshaya For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

This Criminal Revision Case has been filed challenging the order dated 24.07.2025 passed in Crl.M.P.No.627 of 2025 on the file of the District Munsif Cum Judicial Magistrate, Madathukulam, thereby dismissing the petition filed for return of vehicle viz., Tipper lorry bearing Reg.No.TN 67 AB 2344.

2. The petitioner is the owner of the Tipper lorry bearing Reg.No.TN 67 AB 2344, which was allegedly involved in the transportation of gravel sand without any valid license.

3. Based on the complaint, an FIR was registered in Crime No.25 of 2024 for the offences punishable under Sections 379 of IPC. Pursuant to the registration of the FIR, the said vehicle was seized and the same was produced before the District Munsif Cum Judicial Magistrate, Madathukulam. 4.

Heard the learned counsel appearing on either side and perused the materials available on record.

5. It is seen from the records that the petitioner is arrayed an accused

in Crime No.25 of 2024. The petitioner filed a petition seeking return of the seized vehicle, which was dismissed by the Trial Court. Admittedly, the petitioner had transported lake sand for personal use. However, without considering the same, the Trial Court dismissed the petition for return of the vehicle.

6.

In view of the above discussions, this Court is inclined to return the vehicle to the petitioner and accordingly, the order dated 24.07.2025 passed in Crl.M.P.No.627 of 2025 on the file of the District Munsif Cum Judicial Magistrate, Madathukulam, is hereby set aside. The learned District Munsif Cum Judicial Magistrate, Madathukulam , is directed to return the vehicle viz., Tipper lorry bearing Reg.No.TN 67 AB 2344 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.25 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.

7. Accordingly, the Criminal Revision Case stands allowed. 29.08.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Sma To

1. District Munsif Cum Judicial Magistrate, Madathukulam

2.The Sub-Inspector of Police, Madathukulam Police Station, Tiruppur District.

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

Sma 29.08.2025