Aarthi Lakshmi v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2025
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Aarthi Lakhsmi ... Petitioner / Petitioner / Sole accused Vs.
1.The State of Tamil Nadu, Rep. by the Inspector of Police, Virudhunagar West Police Station, Virudhunagar District.
(Crime No.173/2023) ... Respondent / Respondent / Complainant 2.S.Ganesan ... 2nd respondent (R-2 is impleaded as per the order of this Court dated 19.06.2025 made in Crl.M.P.(MD)No.7700 of 2025 in Crl.RC(MD)No.647 of 2025) PRAYER: Criminal Revision Petition is filed under Section 438 r/w 442 of BNSS, to call for the records in order of the Judicial Magistrate No. I, Virudhunagar, Virudhunagar District in Cr.M.P.No. 1955/2024 by order dated 29.02.2024 and set aside the same and grant interim custody of the Honda Activa Two Wheeler bearing registration No.TN67 BD 6781 and 1 1⁄2 sovereigns of gold chain and 2 grams gold ear stud to the petitioner.
For Petitioner : Mr.S.Ramasamy For R-1 : Mr.S.Ravi, Additional Public Prosecutor For R-2 : Mr.M.Sankar 1/7
ORDER
Challenging the order passed by the learned Judicial Magistrate No. I, Virudhunagar, Virudhunagar District in Cr.M.P.No. 1955/2024 by order dated 29.02.2024, seeking return of the Honda Activa Two Wheeler bearing registration No.TN67 BD 6781 and 1 1⁄2 sovereigns of gold chain and 2 grams gold ear stud to the petitioner, this Criminal Revision Case is filed.
2. The case of the prosecution is that the 2nd respondent has given a complaint against the petitioner stating that he is running a Cell Phone shop in the name of Arunai Cell Com at Virudhunagar where the petitioner was working as a cashier, stolen a gold ring of 1 sovereign in the month of October 2022, stolen an amount of Rs.20,000/- from his shop and she had misappropriated an amount of Rs.6,43,421/- in the month of April 2023. In connection to the same, the respondent police registered a case for the offences under Section u/s. 381, 408 and 477 A IPC and seized the petitioner's vehicle, i.e., Honda Activa Two Wheeler bearing registration No.TN67 BD 6781 and 1 1⁄2 sovereigns of gold chain and 2 grams gold ear stud. The petitioner filed an application in Crl.M.P.No.1955 of 2024 for return of the property before the learned 2/7
Judicial Magistrate No. I, Virudhunagar, Virudhunagar District. The said application was dismissed, vide order dated 29.02.2024.
3. The petitioner preferred the Criminal Revision Petition as against the order dated 29.02.2024 made in Crl.M.P.No.1955 of 2024 on the file of the learned Judicial Magistrate No. I, Virudhunagar, Virudhunagar District and to set aside the same.
4. Heard the learned counsels on either sides and carefully perused the materials available on record.
5. The learned Government Advocate (Crl. side) appearing for the respondent would submit that the petitioner is the owner of the vehicle and the accused in this case and the said vehicle was not involved in any other cases.
6. The learned counsel appearing for the petitioner would submit that the vehicle bearing Registration No. TN67 BM 8010 is owned by the petitioner and she 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 3/7
diminished and therefore interim custody may be granted to the petitioner.
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 modify the impugned order dated 29.02.2024 passed in Crl.M.P.No.1955 of 2024 by the learned Judicial Magistrate No. I, Virudhunagar, Virudhunagar District by allowing return of the two wheeler. However, as far as the gold jewellery is concerned, the same shall remain in the custody of the learned Trial Court.
8. Accordingly, this Criminal Revision Case is disposed of and the order dated 29.02.2024 passed in Crl.M.P.No.1955 of 2024 by the learned Judicial Magistrate No. I, Virudhunagar, Virudhunagar District, is hereby set aside and the vehicle viz., Honda Activa Two Wheeler bearing registration No.TN67 BD 6781, 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:- 4/7
(a) the petitioner is directed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) as non-refundable deposit for the said vehicle to the credit of the Manolaya, Indian Overseas Bank, Kottaram Branch, Account No. 025302000000284, IFSC Code: IOBA0000253;
(b) the petitioner shall execute a bond for a sum of Rs.35,000/- (Rupees Thirty Five Thousand only), with two sureties for a likesum to the satisfaction of the learned Judicial Magistrate No. I, Virudhunagar, Virudhunagar District;
(c) the petitioner shall deposit the original Registration Certificate of the vehicle before the learned Judicial Magistrate No. I, Virudhunagar, Virudhunagar 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 till Crl.M.P.No.1955 of 2024 on the file of the learned Judicial Magistrate No. I, Virudhunagar, Virudhunagar District, attains finality;
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(f) the petitioner shall produce the vehicle before the Court and before the respondent police as and when required. 09.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The Judicial Magistrate No. I, Virudhunagar, Virudhunagar District.
2.The Inspector of Police, Virudhunagar West Police Station, Virudhunagar District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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L.VICTORIA GOWRI, J., Sml 09.07.2025 7/7