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Madras High CourtCRL RC(MD)/692/2025allowed

Johny Bose v. State Of Tamilnadu Rep By Inspector Of Police, Gandamanur

2025-06-18Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Johny Bose ... Petitioner / Petitioner Vs.

State of Tamilnadu, Rep. by the Inspector of Police, Gandamanur Police Station, Theni District.

(Crime No. 66/2025) ... Respondent / Respondent PRAYER: Criminal Revision Petition is filed under Section 438 r/w 442 of BNSS, to call for the records relating to the order passed by the learned Judicial Magistrate, Andipatti, in Cr.M.P.No.944 of 2025 dated 28.05.2025.

For Petitioner : Mr.S.Sundarapandian For Respondent : Mr.S.S.Manoj, Government Advocate (Criminal side)

ORDER

This Criminal Revision Petition is filed to call for the records relating to the order passed by the learned Judicial Magistrate, Andipatti, in Cr.M.P.No.944 of 2025 dated 28.05.2025. 1/6

2. The case of the prosecution is that the petition mentioned vehicle Mahindra Tractor bearing registeration No.4466233 DX 00/190422 Hittachi is alleged to have been involved in the commission of offence U/s.223 & 21(5) of the Mines and Minerals Development and Regulation Act, 1957. Consequently, FIR has been registered in crime No.66 of 2025, dated 16.04.2025 and the respondent police seized the petition mentioned vehicle. Subsequently, the petitioner had preferred Crl.M.P.No.944 of 2025, seeking interim custody of the Mahindra Tractor. However, the said application was dismissed by the learned Judicial Magistrate, Andipatti, Theni District, vide order dated 28.05.2025.

3. The petitioner preferred this Criminal Revision Petition as against the order dated 28.05.2025 made in Crl.M.P.No.944 of 2025 on the file of the learned Judicial Magistrate, Andipatti, Theni District, and to set aside the same.

4. Heard the learned counsels on either side and carefully perused the materials available on record.

5. The learned Government Advocate (Criminal side) appearing for 2/6

the respondent Mr.S.S.Manoj, would fairly submit that the petitioner is the owner of the vehicle and he further categorically contended that this petition should not be allowed for the reason that the confiscation proceedings has already been initiated.

6. The learned counsel appearing for the petitioner would submit that the vehicle bearing Registration No.4466233 DX 00/190422 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 therefore interim custody may be granted to the petitioner.

7. Considering the fact that there is no previous case as against the petitioner 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 28.05.2025 passed in Crl.M.P.No.944 of 2025 by the learned Judicial Magistrate, Andipatti, Theni District. 3/6

8. Accordingly, this Criminal Revision Case is allowed and the order dated 28.05.2025 passed in Crl.M.P.No.944 of 2025 by the learned Judicial Magistrate, Andipatti, Theni District, is hereby set aside and the vehicle viz., Mahindra Tractor bearing registeration No. 4466233 DX 00/190422, 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 said vehicle to the credit of the RAY OF LIGHT FOUNDATION, Bank Name: HDFC BANK, A/c No:50100078904233, A/c Name: Ray of Light Foundation, Branch: HABIBULLAH ROAD, T NAGAR, CHENNAI, IFSC code: HDFC0001864;

(b) the petitioner shall execute a bond for a sum of Rs. 1,50,000/- (Rupees One Lakhs and Fifty Thousand only), with two sureties for a likesum to the satisfaction of the learned Judicial Magistrate, Andipatti, Theni District; (c) the petitioner shall deposit the original Registration Certificate of the vehicle before the learned Judicial Magistrate, Andipatti, Theni District;

(d) The petitioner shall give an undertaking before the respondent/ authority concerned stating that he will not use 4/6

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;

(f) the petitioner shall produce the vehicle before the Court and before the respondent police Monday of every week; 18.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The Judicial Magistrate, Andipatti, Theni District.

2.The Inspector of Police, Gandamanur Police Station, Theni District.

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

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L.VICTORIA GOWRI, J., Sml 18.06.2025 6/6