Sakthi Saravanan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-11-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. Sakthi Saravanan S/o.Dhakshnamurthy, Partner representing the Chennai Beverage, Residing at, No.37/2, 2nd Floor, Thiruvengapuram 1st Street, Choolaimedu, Chennai - 600 094.

Petitioner(s) Vs

1. State Rep By Inspector of Police, W-3, All Women Police Station, Egmore, Chennai - 600

008. Crime No.11 of 2025 Respondent(s) PRAYER To call for the record in Crl.M.P.No.369/2025 passed by the Learned Additional Mahila Judge (Metropolitan Magistrate) Egmore on 26.09.2025 in Crime No.11/2025 on the file of the respondent and set aside the same and direct the respondent to hand over the seized cell phone namely IPhone 16 Pro Max 256 GB Desert titanium, Part No.MYWX3HN/A, HSNC Code-85171300, Serial No.SKR45HQPM93 - 354760240915695 holding the cell number 9600123459,

to the interim custody of the petitioner/accused and thus render justice. For Petitioner(s):

K.Madhan P.Bharath C.Abirami Dharanya G.Samundeeswari For Respondent(s):

Dr. C.E. Pratap Government Advocate (Crl.

Side)

ORDER

This petition has been filed to call for the record in Crl.M.P.No.369/2025 passed by the Learned Additional Mahila Judge (Metropolitan Magistrate) Egmore on 26.09.2025 in Crime No.11/2025 on the file of the respondent and set aside the same and direct the respondent to hand over the seized cell phone namely IPhone 16 Pro Max 256 GB Desert titanium, Part No.MYWX3HN/A, HSNC Code-85171300, Serial No.SKR45HQPM93 - 354760240915695 holding the cell number 9600123459, to the interim custody of the petitioner/accused.

2. The petitioner, who was arrested on 28.07.2025 for the offences punishable under Section 77, 78, 79 of BNS, Sec.4 of TNPHW Act and Sec.66(E), 67, 67A IT Act 2000 in Crime No.11/2025 on the file of the respondent police and also seized the petitioner's cell phone namely IPhone 16

Pro Max 256 GB Desert titanium, Part No.MYWX3HN/A, HSNC Code85171300, Serial No.SKR45HQPM93 - 354760240915695 holding the cell number 9600123459. Thereafter, the petitioner filed Crl.M.P.No.369/2025 on the file of the Additional Mahila Judge (Metropolitan Magistrate) Egmore to return the said cell phone but the same was dismissed by the Trial Court on 26.09.2025. Aggrieved over the same, the petitioner filed this petition.

3. The learned counsel for the petitioner submits that after purchasing the property, the petitioner installed CCTV Camera to safeguard the materials stored in his premises for interior decoration of his house. In fact, the petitioner has no knowledge about the dispute between the first accused and the defacto complainant and he is no way connected with the alleged offence committed by the other accused. However, the petitioner has been falsely implicated in this case and also respondent seized the petitioner's cell phone. Hence, he prays to allow this petition.

4. The learned Government Advocate (Crl. Side) submits that the said Cell phone has been sent for Forensic examination and seeks time to return the same.

5. Heard the submissions of the learned counsel for the petitioner and the learned Government Advocate (Crl. Side).

6. Considering the facts and circumstances of the case, the said seized cell phone was sent to Forensic Science Laboratory. Hence, the respondent is directed to get the report from the Forensic Science Laboratory within a period of 12 weeks and thereafter hand over the same to the petitioner. Accordingly, this Criminal Revision Case is ordered.

10-11-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Additional Mahila Judge (Metropolitan Magistrate) Egmore

2. The Inspector of Police, W-3, All Women Police Station, Egmore, Chennai - 600 008.

3. The Public Prosecutor, High Court, Madras.

T.V.THAMILSELVI J.

pbl CRL RC No. 2318 of 10-11-2025