Thirunavukarasu v. The State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-10-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. Thirunavukarasu S/o.Logidhasan, Periyar Nagar, Bharatantangal, Alampoondi, Gingee Taluk, Villupuram District.

Petitioner(s) Vs

1. The State rep by, The Station House Officer, Gingee Police Station, Villupuram District.

Crime No.41/2025 Respondent(s) PRAYER To call for the records in Crl.MP.No.76 of 2025 on the file of the Judicial Magistrate Court, Ginjee, Villupuram District and Set aside the same. For Petitioner(s):

D.Balaji D.Rajalakshmi P.Raman For Respondent(s):

Dr.C.E.Pratap, Govt Advocate

ORDER

This Criminal Revision Case has been filed to call for the records in Crl.MP.No.76 of 2025 on the file of the Judicial Magistrate Court, Ginjee, Villupuram District and Set aside the same.

2. The respondent police has registered a case in Crime No.41 of 2025 registered for the offences punishable under Sections 303(2),326(a) of BNS, Section 21(1) of M&M ( D&R) Act, Sec. 3(1) of TNPPDL Act. Pursuant to the registration of the FIR, the respondent seized the petitioner's vehicle JCB India Limited ( Yellow colour) bearing Registration No. TN 16 T2486, Chassis No.RAJ3DXS4C03429780 Engine No. H00438181. Therefore, the petitioner filed a petition seeking return of the vehicle and since he is a daily worker it is difficult for him to run his life without the vehicle. However, the same was dismissed on the ground that the vehicle would be a vital piece of evidence.

3. The learned Government Advocate (Crl.Side) appearing for respondent raised strong objections for return of the vehicle.

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

5. A perusal of the records reveals that the Vehicle was seized by the respondent police from the petitioner and the same was deposited before the Trial Court. On seeing the facts, the vehicle of the petitioner have nothing to do with the alleged offence.

6. In view of the above, this Court is inclined to order the return of the the vehicle to the petitioner. Accordingly, the order 14.02.2025 made in Crl.MP.No.76 of 2025 on the file of the Judicial Magistrate Court, Ginjee, Villupuram District is hereby set aside. The Judicial Magistrate Court, Ginjee, Villupuram District is directed to return the vehicle to the petitioner, forthwith on the following conditions:- (i) the petitioner shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the satisfaction of the concerned Magistrate to the credit of Crime No.41 of 2025 pending on the file of the respondent police within a period of two weeks from the date of receipt of a copy of this order. (ii) the petitioner shall deposit the original invoice or bill of the vehicle before the concerned Magistrate. (iii) the seized items 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 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. 09-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes

To

1. The Judicial Magistrate Court, Ginjee, Villupuram District

2. The Station House Officer, Gingee Police Station, Villupuram District.

Crime No.41/2025

3. The Public Prosecutor, High Court, Madras

T.V.THAMILSELVI, J.

smn CRL RC No. 1972 of 09-10-2025