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Madras High CourtCRL RC(MD)/193/2025allowed

Vadivarasan v. The State Of Tamil Nadu

2025-07-17Honourable Mrs Justice L.Victoria Gowri7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.07.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Vadivarasan ... Petitioner Vs.

1.The State of Tamil Nadu rep.by The Inspector of Police, Alangudi Police Station, Pudukkottai District.

(Crime No.335 of 2024) 2.Shriram Finance ... Respondents PRAYER : Criminal Revision Case filed under Section 438 r/w 442 B.N.S.S., to call for the records relating to set aside the order passed in Cr.M.P.No.25 of 2025 on the file of the District Munsif cum Judicial Magistrate, Alangudi, Pudukkottai District, dated 28.01.2025 in Crime No.335 of 2024 on the file of the respondent police. For Petitioner : Mr.D.Rameshkumar For R1 : Mr.S.S.Manoj Government Advocate (Crl. Side) For R2 : Mr.Ananth C.Rajesh 1/7

ORDER

The Criminal Revision is directed against the order passed in Crl.M.P.No.25 of 2025 in Crime No.335 of 2024 dated 28.01.2025 on the file of the District Munsif cum Judicial Magistrate, Alangudi, Pudukkottai District, dismissing the petition filed under Section 497 of B.N.S.S.

2. The petitioner claims to be the owner of the Ashok Leyland Tipper Lorry bearing Registration No.TN 28 AK 1638. The respondent police has registered a case in Crime No.335 of 2024 for the offences under Sections 303(2) of BNSS, 21(1) and 21(2) of Mines and Minerals (Development & Regulation) Act and seized the above said vehicle for the alleged theft of sand and the same was produced before the concerned Court and the same came to be remanded in R.P.No.4 of 2025 and the same is under the custody of the respondent police.

3. It is not in dispute that the petitioner has approached the learned District Munsif cum Judicial Magistrate, Alangudi, Pudukkottai District, 2/7

for returning of the said vehicle in Crl.M.P.No.25 of 2025 and the learned Judicial Magistrate, vide order dated 28.01.2025, has dismissed the petition. Aggrieved by the order of dismissal, the petitioner has now come forward with the present revision.

4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

5. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that the petitioner is the owner of the vehicle and he is the accused in this case.

6. The learned counsel appearing for the petitioner would submit that the vehicle bearing Registration No.TN 28 K 1638 is owned by the petitioner and he was not involved in any such offence as alleged by the respondent and if the vehicle is kept in open place, the vehicle will get deteriorated and the value of the vehicle would automatically stand diminished and that therefore interim custody may be granted to the petitioner.

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7. Considering the facts and circumstances of the case and also the fact that if the vehicle is kept in open place exposing to sun and rain, the value of the vehicle will be deteriorated and no purpose will be served in keeping the vehicle in custody, this Court is inclined to allow the revision and thereby setting aside the impugned order dated 28.01.2025 passed in Crl.M.P.No.25 of 2025, by the learned District Munsif cum Judicial Magistrate, Alangudi, Pudukkottai District.

8. Accordingly, this Criminal Revision Case is allowed and the order dated 28.01.2025 passed in Crl.M.P.No.25 of 2025 by the learned District Munsif cum Judicial Magistrate, Alangudi, Pudukkottai District, is hereby set aside and the vehicle/ Ashok Leyland Tipper Lorry bearing Registration No.TN 28 K 1638, is ordered to be returned to the petitioner for interim custody subject to the confiscation proceedings to be taken by the concern Department or by the Court on the following conditions:- (a) the petitioner is directed to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) as non-refundable deposit for the 4/7

said vehicle to the credit of the Aishwaryam Trust, Indian Bank, Tirunagar Branch, Madurai, Account No.6639017788, IFSC Code: IDIB000T032;

(b) the petitioner shall execute a bond for a sum of Rs.8,50,000/- (Rupees Eight Lakhs and Fifty Thousand only), with two sureties for a likesum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Alangudi, Pudukkottai District;

(c) the petitioner shall deposit the original Invoice of the vehicle before the learned District Munsif cum Judicial Magistrate, Alangudi, Pudukkottai District;

(d) The petitioner shall give an undertaking before the respondent/ authority concerned stating that he will not use the vehicle in question for any illegal activities in future, failing which the respondent/trial Court is at liberty to confiscate the vehicle; (e) the petitioner shall not alienate and shall not make any alteration in the vehicle;

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(f) the petitioner shall produce the vehicle before the Court on first working day of every English Calendar month until further orders.

17.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg To 1.The District Munsif cum Judicial Magistrate, Alangudi, Pudukkottai District.

2.The Inspector of Police, Alangudi Police Station, Pudukkottai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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L.VICTORIA GOWRI ,J.

gbg Order made in Dated: 17.07.2025 7/7