Jayagopi v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-11-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. JAYAGOPI S/O Govindharaj, No.108, Mariyamman Koil Street, Kurumbalayam, Kaniyambadi, Vellore District.

Petitioner(s) Vs

1. The State Rep By, The Inspector of Police Vellore Taluk Police Station, Vellore District. Crime NO.46 of 2025.

Respondent(s) PRAYER To set aside the order dated 14.10.2025 passed by the Judicial Magistrate-I, Vellore in Crl.MP.No.11783 of 2025 in Crime NO.46 of 2025 and direct to release the vehicle, Ashok leyland Tipper Lorry bearing registration number TN-38, AL-2939 owned by the petitioner by allowing this Criminal Revision Petition.

For Petitioner(s):

D.Thirumoorthy D.Rameshkumar For Respondent(s):

Dr.C.E. Pratap, Govt Advocate

ORDER

This Criminal Revision Case has been filed challenging the order dated 14.10.2025 made in Crl.MP.No.11783 of 2025 in Crime NO.46 of 2025 on the file of the The Judicial Magistrate-I, Vellore by allowing this Criminal Revision Petition.

2. The respondent police has registered a case in Crime No.46 of 2025 registered for the offences punishable under Sections 303(2), 326(a) of BNS. Pursuant to the registration of the FIR, the respondent seized the petitioner's vehicle Ashok Leyland Ltd Tipper lorry bearing , Registration No. TN 38 AL 2939. Therefore, the petitioner filed a petition seeking return of 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 14.10.2025 made in Crl.MP.No.11783 of 2025 on the file of the Judicial Magistrate-I, Vellore is

hereby set aside. The Judicial Magistrate-I, Vellore is directed to return the vehicle to the petitioner, forthwith on the following conditions:- (i) the petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) as non refundable deposit to Dhanabakkiammal Social Welfare Trust, Sabari Salai, Madipakkam, Chennai A/C.No.921010003441816, Axis Bank.( Ph no. 9840894264) .

(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. 11.11-2025

Index:Yes/No Speaking/Non-speaking order Internet:Yes smn

To 1.The State Rep By, The Inspector of Police Vellore Taluk Police Station, Vellore District. Crime NO.46 of 2025.

2. The learned Judicial Magistrate-I, Vellore

T.V.THAMILSELVI, J.

smn CRL RC No. 2333 of 11-11-2025