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Madras High CourtCRL RC/2378/2025dismissed

K.Mani v. State Reptd. By

2025-11-17Honourable Mrs.Justice T.V.Thamilselvi6 pages

DATED: 17-11-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI K.Mani S/o.P.Karuppusamy, No.52, College Road, Coonoor, The Nilgiris.

Petitioner(s) Vs State Reptd. By The Deputy Superintendent of Police, Economic Offences Wing, Coimbatore.

Respondent(s) PRAYER To call for the Records in Crl.M.P.No.218/2025 on the file of the Special Judge, Special Court under the TNPID Act, Coimbatore and set aside the Orders passed in Crl.M.P.NO.218/2025 dated 15.09.2025 and allow the above Revision Petition.

For Petitioner(s):

Mr. Thanga Vadhana Balakrishnan For Respondent(s):

Dr.C.E.Pratap, 1/6

Govt. Advocate (Crl. Side)

ORDER

This Criminal Revision Case has been filed challenging the order dated 15.09.2025 passed in Crl.M.P.No.218 of 2025 by the learned Special Judge, Special Court under the TNPID Act, Coimbatore, thereby dismissing the petition filed for return of vehicle, viz., Santro Car bearing Regn.No.TN-43 C8578.

2. The case of the prosecution is that the petitioner had enticed the depositors and collected amounts from the depositors, but failed to return the amounts, thereby he had defrauded more than a sum of Rs.4.17 crore from 105 depositors. Hence, a case has been registered in Crime No.1 of 2020 for the offenes under Sections 120-B, 406 and 420 I.P.C., Sec. 5 of TNPID Act, 1997 and Sec.3, 5 r/w 21 of BUDS Act. Pursuant to the registration of the FIR, the vehicle involved was seized and produced before the Special Judge, Special 2/6

Court under TNPID Act, Coimbatore.

3. Before the trial court, he filed a petition for return of vehicle stating that he has not committed any offence and he has also been one of the victim, however, the vehicle seized by the respondent police, which is necessary for his family needs and he petitioner is also ready and willing to abide by any conditions that may be imposed by this Court for the release of the vehicle, but the said petition was dismissed by the trial court stating that on hearing the prosecution side objections, the said vehicle was attached as per G.O.(4D) No.117, Home (Police-XIX) Department dated 16.07.2025 as interim attachment of movable properties including this car in order to satisfy the needs of depositors. Aggrieved over the said findings, the petitioner preferred this Criminal Revision Case.

4. The learned counsel for petitioner would submit that the car is purchased to satisfy the family needs and he is owner of car. He would submit that he is also one of the victim, but without considering the same, the trial 3/6

judge dismissed the petition.

5. The learned Government Advocate (Crl. Side) would submit that the petitioner is owner of vehicle, he is one of the victim and the vehicle in question was involved in an offence under TNPID Act. Hence, he objected to return the the vehicle.

6. Heard the learned counsel appearing on either side and perused the materials available on record.

7. On perusal of records, it reveals that the petitioner was arrested on 17.03.2020 for the offence under Sec. Sections 120-B, 406 and 420 I.P.C., Sec. 5 of TNPID Act, 1997 and Sec.3, 5 r/w 21 of BUDS Act,nearly about four accused involved in this case and nearly about Rs.4,17,00,000/- was involved in the offence and as on date, no recovery made. During the court of investigation, at the request of Investigation Officer, G.O.(4D) No.117 was passed for making interim attachment of the movable properties including the car, but, according to the petitioner, it was purchased to satisfy the family needs. On 4/6

considering the value of the vehicle and considering the nature of offence, trial court rightly dismissed the petition, which needs no interference. Accordingly, this Criminal Revision Case is dismissed and the findings rendered by the trial court in Crl.M.P.No.218 of 2015 is confirmed. 17-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp To

1. Special Judge, Special Court under TNPID Act, Coimbatore.

2. The Deputy Superintendent of Police, Economic Offences Wing, Coimbatore.

3. The Public Prosecutor, High Court, Madras. 5/6

T.V.THAMILSELVI J.

rpp CRL RC No. 2378 of 17-11-2025 6/6