R.Ganeshkumar v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.11.2024
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.R.C.No.1836 of 2024 R.Ganesh Kumar ... Petitioner Vs.
The Inspector of Police, A.V.S. (Anti-Vice Squad) Police Station, Egmore Old Commissionerate Building, Chennai District.
(Cr.No.20/2024) ... Respondent PRAYER: Criminal Revision Case filed under Sections 438 r/w 442 of the BNSS, to call for the records relating to the order dated 23.09.2024 in C.M.P.No.3609 of 2024 on the file of the learned Judicial Magistrate No.1 at Alandur and set aside the same.
For Petitioner : Mr.R.Krishnan For Respondent : Mr.V.J.Priyadarsana Government Advocate (Crl. Side)
ORDER
The petitioner is the power agent of the landlord of the premises in which it is alleged that the tenant had committed the offences under the Page No.1 of 5
Immoral Traffic (Prevention) Act on 03.09.2024. Pursuant to the registration of the FIR, the respondent had sealed the premises and the keys are in the custody of the respondent.
2. The learned Government Advocate (Criminal Side) on instructions submits that neither the petitioner nor his Principal one Reshmi, who is the landlord of the premises, are accused of the offences.
3. The sealing of the premises of a person who is not involved in the offence would not advance the case of the prosecution in any manner. In such circumstances, this Court is of the view that it would be appropriate that the keys of the house are handed over to the petitioner. Accordingly, it is ordered as follows:
(i) The petitioner shall execute a bond for a sum of Rs.10,000/-, with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.1, Alandur; (ii) On execution of the bond, the learned Magistrate shall handover the keys to the Investigating Officer, who shall go to the premises on the date fixed by the learned Magistrate and take inventory in the presence of of two respectable person in the locality and in the presence of the petitioner. The movable Page No.2 of 5
property if any, seized under Mahazar, shall be forwarded to the concerned Magistrate under Form-95;
(iii) Thereafter, the key of the premises shall be handed over to the petitioner; and (iv) The petitioner shall file an undertaking before the learned Magistrate that he would cooperate with the investigation and permit the Investigating Officer to inspect the premises or to take over the premises, if necessary, in future, if, such action is warranted.
4. With the above direction, the Criminal Revision Case stands allowed.
04.11.2024 Index: Yes/No Speaking/Non-speaking order ars To 1.The Judicial Magistrate No.1, Alandur.
2. The Inspector of Police, A.V.S. (Anti-Vice Squad) Police Station, Egmore Old Commissionerate Building, Chennai District.
3.The Public Prosecutor, Page No.3 of 5
Madras High Court.
Page No.4 of 5
SUNDER MOHAN, J.
ars Crl.R.C.No.1836 of 2024 04.11.2024 Page No.5 of 5