S.Sivakumar v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-10-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. S.Sivakumar S/o.Samunni, D.No.2/65-A, Kasthurinaicken Palayam, Vadavalli, Coimbatore-641 041.

Petitioner(s) Vs

1. The State Rep by, The Inspector of Police, C-5, Kavundamapalayam Police Station, Coimbatore. Cr.No.485/2025.

Respondent(s) PRAYER To call for the records and set aside the order passed in CMP No.9673/2025 dated 30.09.2025 on the file of Judicial Magistrate No.I, Coimbatore.

For Petitioner(s):

I Abrar Mohamed Abdullah S.Saravanakumar C.Gunasekaran For Respondent(s):

Dr.C.E. Pratap, Government Advocate

ORDER

This Criminal Revision Case has been filed to call for the records and set aside the order passed in CMP No.9673/2025 dated 30.09.2025 on the file of Judicial Magistrate No.I, Coimbatore by allowing this Criminal Revision Petition.

2. The respondent police has registered a case in Crime No.485 of 2025 registered for the offences punishable under Sections 303(2) of BNS and 21(4) of Mines and Minerals ( Development & Regulation) Act, 1957. Pursuant to the registration of the FIR, the respondent seized the petitioner's vehicle Ashok Leyland Ltd Tipper , Registration No. TN 38 AD2437 (Chassis No.TE558569). Therefore, the petitioner filed a petition seeking return of the vehicle his livelihood depends on the seized 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 30.09.2025 made in C.M.P.No.250 of 2025 on the file of the n the file of Judicial Magistrate No.I, Coimbatore is hereby set aside. The Judicial Magistrate No.I, Coimbatore 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.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the concerned Magistrate in Crime No. 485 of 2025 pending on the file of the respondent police.." (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 mobile.

(v) the petitioner shall produce the mobile 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. 17-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Judicial Magistrate No.I, Coimbatore. 2.The Inspector of Police, C-5, Kavundamapalayam Police Station, Coimbatore.

3. The Public Prosecutor, High Court, Madras.

T.V.THAMILSELVI, J.

smn CRL RC No. 2049 of 17-10-2025