V.Sarath Kumar v. The State Rep By Its The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-11-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. V.Sarath Kumar S/o. Vasu, No.2/360, Thiruveethiyammal Kovil Street, Eariyur Village, Sriperumbudur Taluk, Kancheepuram District-602105.

Petitioner(s) Vs

1. The State rep by its The Inspector of Police Oragadam Police Station, Kancheepuram District. 602105. Crime No.264 of 2025.

Respondent(s) PRAYER To call for the records and set aside the order dated 16.10.2025 passed in Crl.M.P.No.1867 of 2025 on the file of the Learned JM, Sriperumbudur. For Petitioner(s):

G.Mohammed Aseef S. Kalaimani R. Shakthi Priya S. Syed Ismail J. Ravi Prakash For Respondent(s):

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

Side)

ORDER

This Criminal Revision Case has been filed to call for the records and set aside the order dated 16.10.2025 passed in Crl.M.P.No.1867 of 2025 on the file of the Learned Judicial Magistrate, Sriperumbudur. 2.

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

3.

The petitioner owned a vehicle bearing Registration No.TN 87 C 5544. Pursuant to the registration of FIR in Crime No.264 of 2025, on the file of the respondent Police, the vehicle bearing Registration No.TN 87 C 5544 owned by the petitioner was seized by the respondent alleging that the said vehicle involved in the the commission of offence under BNS Act and Arms Act.. The case has been registered for the offence punishable under Sections 296(b), 132, 351(3) of BNS r/w 25(a) of Arms Act. The said vehicle was produced before the JM, Sriperumbudur.

4. The learned Government Advocate (Crl. side) would submit that there is no previous case against the petitioner.

5.

Even according to the case of the prosecution, said vehicle involved in the the commission of offence under BNS Act and Arms Act.. 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. 6.

In view of the above discussions, this Court is inclined to return the vehicle to the petitioner and accordingly, the order passed in Crl.M.P.No.1867 of 2025 by the Judicial Magistrate, Sriperumbudur dated 16.10.2025 is hereby set aside. The learned Judicial Magistrate, Sriperumbudur, is directed to return the vehicle bearing Registration No.TN 87 C 5544 to the petitioner, forthwith on the following conditions:- (i) the petitioner is directed to deposit a sum of Rs.30,000/- to the credit of registered Advocate Clerks Welfare Association, kancheepuram and the petitioner shall execute an own bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the concerned Magistrate to the credit of Crime No. 264 of 2025 pending on the file of the respondent police.

(ii) the petitioner shall deposit the original registration certificate of the vehicle with the concerned Magistrate.

(iii) 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. (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 before 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. 20-11-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Judicial Magistrate, Sriperumbudur.

2. The Public Prosecutor, High Court, Madras.

T.V.THAMILSELVI J.

pbl CRL RC No. 2462 of 20-11-2025