Vijayakumar v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-12-2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN

1. Vijayakumar S/o.Annadurai, No.65, Koothandavar Koil Street, Idaiyansanthu, Vellore District.

Petitioner(s) Vs

1. The Inspector of Police, Vellore Taluk Police Station, Vellore.

Cr.No.120/2025.

Respondent(s) PRAYER Criminal Revision is filed under Section 438 read with 442 of BNSS to modify the conditions imposed in Para 10 "(i) The Petitioner shall deposit a sum of Rs.1,00,000/- (Rupees one Lakh only) before the District Mines and Minerals foundation Trust, Vellore as non-refundable deposit. (ii) The Petitioner shall appear and execute a personal bond for Rs.10,00,000/- (Rupees Ten Lakh only) with two sureties for a like sum with solvency certificate obtained from the Thasildhar for the satisfaction of this court by the Learned Judicial Magistrate No.I, Vellore in Crl.M.P.NO.14857/2025 in Crime No.120/2025 vide order dated 06.12.2025 and to direct the respondent herein to release the Ashok Ley Land Tipper Lorry bearing registration No.TN 37 AB 9801. For Petitioner(s):

M.R. Thangavel For Respondent(s):

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

ORDER

The criminal revision challenges the order passed in Crl.M.P.No.14857 of 2025, whereby the learned Magistrate allowed the petition for return of property and imposed certain conditions while granting interim custody of the petitioner's property viz., Ashok Ley Land Lorry bearing Reg. No.TN 37 AB 9801. 2.

An FIR was registered on 03.06.2025 in Crime No.120 of 2025 for the offences under Section 303(2) and 326(a) of BNS on the allegation that the petitioner had transported one unit of sand in his lorry without a valid license. 3.

During the course of the investigation in the aforesaid case, the four wheeler of the petitioner viz., Ashok Ley Land Lorry bearing Reg. No.TN 37 AB 9801 was seized. The petitioner sought return of the said property, which was allowed by the learned Magistrate by the impugned order. However, the learned Magistrate imposed several conditions. The petitioner is aggrieved by the following two conditions:

"(i) The petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One lakh only) before the District Mines and Minerals foundation Trust, Vellore as non refundable deposit. (ii) The petitioner shall appeal and execute a person bond for Rs.10,00,000/- (Rupees Ten lakh only) with two sureties for a like sum with solvency certificate obtained from the Thasildhar for the satisfaction of this court."

4.

The learned counsel for the petitioner would submit that the petitioner has no bad antecedents and that the aforesaid two onerous conditions are preventing him from taking return of the vehicle, which is kept idle at the police station and therefore, he sought for modification of the said conditions. 5.

Heard learned Government Advocate (Crl.Side) appearing for the respondent.

6.

Considering the facts and circumstances of the case, this Court is of the view that the aforesaid two conditions are onerous. Hence, the said two conditions are set aside, and in lieu thereof, this Court imposes the following condition:

The petitioner shall execute a personal bond for a sum of Rs.3,00,000/- (Rupees Three Lakhs only) with two sureties for a likesum to the satisfaction of the learned Judicial Magistrate, No.I, Vellore;

7.

The remaining conditions imposed by the learned Magistrate in Crl.M.P.No.14857 of 2025 shall remain unaltered. 8.

With the above observations, the criminal revision is disposed of. 19-12-2025

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

To

1. The Judicial Magistrate No.I, Vellore.

2.The Inspector of Police, Vellore Taluk Police Station, Vellore.

Cr.No.120/2025.

SUNDER MOHAN J.

dpa CRL RC No. 2851 of 19-12-2025