Vikram v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-11-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI VIKRAM S/o.Mugundhan, NO.252, Ambedkar Street, Pazhaya Seevaram Post, Pazhaya Seevaram, Kanchipuram District.
Petitioner(s) Vs State rep. by The Sub Inspector of Police, Madhuranthakam Police Station, Chengalpattu District. Crime No.102 of Respondent(s) For Petitioner(s):
Mr. M.Abi For Respondent(s):
Dr. C.E. Pratap, Government Advocate
ORDER
Today, the matter is listed under the caption "for being mentioned" at the instance of the learned counsel for the petitioner.
2. It is brought to the notice of this Court that some typographical error has been crept in paragraph No.6 (i) of the order dated 05.11.2025. The said paragraph No.6 (i) is to be replaced as follows:
"6. (i) the petitioner is directed to deposit a sum of Rs.30,000/- (Thirty thousand only), to the satisfaction of the Judicial Magistrate Court No.I, Madhuranthakam to the credit of Crime No.102 of 2025 and on such deposit, the vehicle is ordered to be released.
3. Registry is directed to incorporate the above paragraph No.6 (i) quoted above and issue fresh order copy to the parties forthwith.
4. In other respects, the order dated 05.11.2025 shall remain unaltered. 27-11-2025 AT Index:Yes/No Speaking/Non-speaking order Internet:Yes To
1. The Sub Inspector of Police, Madhuranthakam Police Station, Chengalpattu District. Crime No.102 of 2.The Judicial Magistrate-I, Madhuranthakam
T.V. THAMILSELVI, J.
AT CRL RC No. 2253 of 27-11-2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-11-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
1. VIKRAM S/o.Mugundhan, NO.252, Ambedkar Street, Pazhaya Seevaram Post, Pazhaya Seevaram, Kanchipuram District.
Petitioner(s) Vs
1. State rep. by The Sub Inspector of Police, Madhuranthakam Police Station, Chengalpattu District. Crime No.102 of Respondent(s) PRAYER To set aside the order passed by the Principal Judicial Magistrate Court No.I, Madhuranthakam in Crl.MP.No.299 of 2025 by an order dated 02.04.2025. For Petitioner(s):
Mr.M.Abi For Respondent(s):
Dr.C.E.Pratap Government Advocate (Crl.Side)
O R D E R
This Criminal Revision has been filed challenging the order passed in Crl.M.P.No.299 of 2025 on the file of the Judicial Magistrate No.I,
Madhuranthakam, dated 02.04.2025.
2.
Heard the learned counsel appearing on either side and perused the materials available on record.
3. The learned counsel for the petitioner submitted that the petitioner is not an accused in this case. It was stated that the car had been given to his friends, and the same was misused by them. The petitioner was in no way connected with the alleged occurrence. The petitioner, who is the owner of the car, hence, he prays for the return of the vehicle.
4. The prosecution raised an objection, contending that weapons were seized by the police from the said car, and therefore, objected to the release of the vehicle.
5. Even according to the case of the prosecution, the petitioner is the absolute owner of the said vehicle. Further the provision under Section 451 of Cr.P.C.,/497(1) of BNSS provides for protection of the property from degradation due to non maintenance in the custody of the police as it takes long time for conclusion of criminal proceedings. The vehicle is in broad day light from the date of seizure and the trial has also been commenced and hence no useful purpose will be served in keeping the vehicles parked in the sunlight and rain. On a perusal of the records, it is revealed that at the time of the alleged occurrence, according to the prosecution, there were also three cattle inside the car along with the weapons.
6.
However, since the petitioner is not an accused in this case, this Court is inclined to return the vehicle to the petitioner and accordingly, the order passed in Crl.M.P.No.299 of 2025 dated 02.04.2025 by the learned Principal Judicial Magistrate Court No.I, Madhuranthakam, is hereby set aside. The learned Principal Judicial Magistrate Court No.I, Madhuranthakam, is directed to return the Maruti Suzuki Ertiga Car, bearing Reg.No.TN 21 BU 7015, Engin NO.K15CN9563434 Chassis NO.MA3BNC72SRG843887, to the petitioner, forthwith on the following conditions:- (i) the petitioner is directed to deposit a sum of Rs.30,000/- (Rupees Thirty thousand only), to the credit of Crime No.102 of 2025, on the file of the respondent police and on such deposit, the vehicle is ordered to be released. (ii) the petitioner is directed to execute an own bond for a sum of Rs.25,000/- (Rupees Twenty five thousand only) to the satisfaction of the concerned Magistrate to the credit of Crime No.102 of 2025 pending on the file of the respondent police.
(iii) the petitioner shall deposit the original registration certificate of the vehicle with the concerned Magistrate.
(iv) 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. (v) the petitioner shall not alienate and shall not make any alteration in the vehicle.
(vi) the petitioner shall produce the vehicle before the Court and before
the respondent police as and when required;
(vii) If any of the conditions are violated, this order automatically stands cancelled.
7. Accordingly, the Criminal Revision Case stands allowed. 05-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri
To 1.State rep. by The Sub Inspector of Police, Madhuranthakam Police Station, Chengalpattu District.
Crime No.102 of 2025 2.The Judicial Magistrate I, Madhuranthakam.
T.V.THAMILSELVI J.
rri CRL RC No. 2253 of 05.11.2025