N.Sunil Kumar v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-11-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. N.Sunil Kumar S/o.Neelakandan No.270, Sullai Medu Street, Puthur, Vellore-632105 Petitioner(s) Vs

1. State rep by the Inspector of Police Vellore Taluk Police station, Vellore Cr.no.130 of 2025 Respondent(s) PRAYER To call for the records and setaside the order passed by the learned Judicial Magistrate No.1, Vellore in Crl.M.P.No.12985 of 2025 in Crl.No.130 of 2025 vide order dated 14.10.2025 and direct the respondent to release the Ashok Leyland Tipper Lorry bearing registration No.TN 20 AK 3949 For Petitioner(s):

M.R. Thangavel R.Mekala C.Anbu S.Balaguru 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.M.P.No.12985 of 2025 in Cr.No.130 of 2025 on the file of the Judicial Magistrate No.1, Vellore by allowing this Criminal Revision Petition.

2. The respondent police has registered a case in Crime No. 130 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 , Registration No.TN 20 AK 3949 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 C.M.P.No.12985 of 2025 Cr.No.130 of 2025 on the file of the Judicial Magistrate No.1, Vellore is hereby set aside. The Judicial Magistrate No.1, Vellore 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.1,00,000/- (Rupees One Lakh only) to the satisfaction of the concerned Magistrate to the credit of Crime No.130 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 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. 04-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes To.

1. The Inspector of Police, Vellore Taluk Police Station 2.The learned Judicial Magistrate No.1, Vellore

3. The Public Prosecutor, High Court, Madras.

T.V.THAMILSELVI J.

smn CRL RC No. 2241 of 04-11-2025 2/2