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Madras High CourtCRL RC/2062/2025allowed

M.Mala v. The State Of Tamil Nadu Rep By, The Inspector Of Police,

2025-10-17Honourable Mrs.Justice T.V.Thamilselvi10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-10-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. M.Mala W/o.Muralidharan, Rep by his Power of Attorney, Mr.M.Vasanth, S/o.Muralidharan, S-1, 2nd Floor, Nethra Flats, Block - 2, Kaveri Street, Venkateswara Nagar, Anagaputhur, Chennai-600 070.

Petitioner(s) Vs

1. The State of Tamil Nadu Rep by, The Inspector of Police, Manimangalam Police Station, Kancheepuram District.

Cr.No.159/2025.

2.Murali S/o.Balan, S-1, 2nd Floor, Nethra Flats, Block - 2, Kaveri Street, Venkateswara Nagar, Anagaputhur, Chennai-600 070.

Respondent(s)

PRAYER To set aside the order dated in Crl.M.P.No.1299/2025 dated 15.07.2025, passed by the Learned Judicial Magistrate at Sriperumbudur. For Petitioner(s):

M. Baskar M.Kasthuri D.Anbarasu For Respondent(s):

Dr.C.E. Pratap, Government Advocate

ORDER

This Criminal Revision Case has been filed to set aside the order dated in Crl.M.P.No.1299 of 2025 dated 15.07.2025, passed by the Learned Judicial Magistrate at Sriperumbudur.

2. The respondent police has registered a case in Crime No.159 of 2025 registered for the offences punishable under Sections 316(2), 318(4), 336(2), 340(2), 3(5), 61(2). Pursuant to the registration of the FIR, the respondent seized the petitioner's vehicle Toyoto Fortuner white four wheeler bearing Registrtion No.TN-85-W-9192 Therefore, the petitioner filed a petition before the Court below seeking return of the vehicle. However, the same was dismissed on the ground that the aforementioned mentioned vehicle was purchased using funds derived from the fraudulent transaction and was identified by the accused during custodial interrogation as having been bought

from the money obtained through cheating and the investigation in this case is not yet completed.

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. It was further observed that the petitioner has purchased the vehicle by raising loan of Rs.40,00,000/- and the petitioner was paying an E.M.I of Rs.65,000/-.

6. In view of the above, this Court is inclined to order the return of the the vehicle to the petitioner. Accordingly, the order 15.07.2025 made in Crl.M.P.No.1299 of 2025 on the file of the Learned Judicial Magistrate at Sriperumbudur. is hereby set aside. The Learned Judicial Magistrate at Sriperumbudur. 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. 159 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 the vehicle and shall not make any alteration in the original records pertaining to 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. 17-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Note: Registry is directed to issue order copy on 17.10.2025.

To.

1.The Judicial Magistrate at Sriperumbudur.

2. The Inspector of Police, Manimangalam Police Station, Kancheepuram District.

3. The Public Prosecutor, High Court, Madras.

T.V.THAMILSELVI, J.

smn CRL RC No. 2062 of 17.10.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-10-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. M.Mala W/o.Muralidharan, Rep by his Power of Attorney, Mr.M.Vasanth, S/o.Muralidharan, S-1, 2nd Floor, Nethra Flats, Block - 2, Kaveri Street, Venkateswara Nagar, Anagaputhur, Chennai-600 070.

Petitioner(s) Vs

1. The State of Tamil Nadu Rep by, The Inspector of Police, Manimangalam Police Station, Kancheepuram District.

Cr.No.159/2025.

2.Murali S/o.Balan, S-1, 2nd Floor, Nethra Flats, Block - 2, Kaveri Street, Venkateswara Nagar, Anagaputhur, Chennai-600 070.

Respondent(s) PRAYER To set aside the order dated in Crl.M.P.No.1299/2025 dated 15.07.2025, passed by the Learned Judicial Magistrate at Sriperumbudur.

For Petitioner(s):

M. Baskar M.Kasthuri D.Anbarasu For Respondent(s):

Dr.C.E. Pratap, Government Advocate

ORDER

Today, the matter is listed under the caption "for being mentioned".

2. It is brought to the notice of this Court that a typographical error has crept in Paragraph No.6 (i) of the order dated 17.10.2025. The said portion of the order shall be replaced as follows:

" (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 in Crime No. 159 of 2025 pending on the file of the respondent police.."

3. The Registry is directed to incorporate the above correction in the order and issue a fresh copy to the parties forthwith. In all other respects, the order dated 17.10.2025 shall remain unaltered. 24-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Note: Registry is directed to issue order copy on 24.10.2025.

To.

1.The Judicial Magistrate at Sriperumbudur.

2. The Inspector of Police, Manimangalam Police Station, Kancheepuram District.

3. The Public Prosecutor, High Court, Madras.

T.V.THAMILSELVI, J.

smn CRL RC No. 2062 of 24-10-2025