Prabu v. State Of Tamilnadu Rep By Inspector Of Police, Odaipatti
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2025
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Prabu ... Petitioner Vs.
State of Tamil Nadu rep. by The Inspector of Police, Odaipatty Police Station, Theni District.
(Crime No.46 of 2025) ... Respondent 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 Crl.M.P.No.610/2025 on the file of the Judicial Magistrate, Uthamapalayam dated 03.06.2025 in Crime No.46/2025 on the file of the Respondent Police, and allow this Criminal Revision. For Petitioner : Mr.S.Manoj Kumar For Respondent : Mr.S.S.Manoj Government Advocate (Crl. Side) 1/7
ORDER
The Criminal Revision is directed against the order passed in Crl.M.P.No.610 of 2025 in Crime No.46 of 2025 dated 03.06.2025 on the file of the Judicial Magistrate, Uthamapalayam dismissing the petition filed under Section 497 of B.N.S.S.
2. The petitioner claims to be the owner of the Tipper lorry bearing Registration No.TN 67 BW 1884. The respondent police has registered a case in Crime No.46 of 2025 for the offences under Sections 303(2) of BNS and 21(4) of Mines and Minerals (Development & Regulation) Act and seized the above said vehicle and the same is under the custody of the respondent police.
3. It is not in dispute that the petitioner has approached the learned Judicial Magistrate Court, Uthamapalayam, for returning of the said vehicle in Crl.M.P.No.610 of 2025 and the learned Judicial Magistrate, vide order dated 03.06.2025, has dismissed the petition. Aggrieved by the order of dismissal, the petitioner has now come forward with the 2/7
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 not the accused in this case and he has no previous case in similar nature. He would further submit that the value of the vehicle is worth about Rs.17 lakhs.
6. The learned counsel appearing for the petitioner would submit that the vehicle bearing Registration No.TN 67 BW 1884 is owned by the petitioner and he has 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 03.06.2025 passed in Crl.M.P.No.610 of 2025, by the learned Judicial Magistrate, Uthamapalayam.
8. Accordingly, this Criminal Revision Case is allowed and the order dated 03.06.2025 passed in Crl.M.P.No.610 of 2025 by the learned Judicial Magistrate, Uthamapalayam is hereby set aside and the vehicle/ Tipper lorry bearing Registration No.TN 67 BW 1884, 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.50,000/- (Rupees Fifty Thousand only) as non-refundable deposit for the said vehicle to the credit of RAY OF LIGHT 4/7
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.8,50,000/- (Rupees Eight Lakhs and Fifty Thousand only), with two sureties for a likesum to the satisfaction of the learned Judicial Magistrate, Uthamapalayam;
(c) the petitioner shall deposit the original Registration Certificate of the vehicle before the learned Judicial Magistrate, Uthamapalayam;
(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;
(f) the petitioner shall produce the vehicle before the Court and before the respondent police at 10.30 a.m. on the first working 5/7
day of every English Calendar month until further orders; 19.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg To 1.The Judicial Magistrate, Uthamapalayam.
2.The Inspector of Police, Odaipatty Police Station, Theni 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: 19.06.2025 7/7