Ancil v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2025

CORAM:

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

State of Tamil Nadu, Represented by, The Sub Inspector of Police, Pudhukadai Police Station, Kanyakumari District.

(Crime No.392 of 2024) ... Respondent PRAYER: Criminal Revision Petition is filed under Section 438 r/w. 442 of BNSS, 2023, to call for the records pertaining to the Docket order dated 26.06.2025, passed in R.P.No.4 of 2025 in Crl.M.P.No.68 of 2025 in Crime No.392 of 2024 on the file of the learned Judicial Magistrate Court No.II, Kuzhithurai and set aside the return endorsement dated 26.06.2025 and allow the Criminal Revision Petition to direct the respondent to accept the Surety Bond without insisting the valuation of property in return of property in R.P.No.4 of 2025 and release the vehicle bearing Registration No.KL 02 AV 5151.

For Petitioner : Mr.R.Sreenivasan For Respondent : Mr.M.Sakthi Kumar Government Advocate (Criminal side) 1/4

ORDER

Challenging the return endorsement of the petitioner's surety memo by order dated 26.06.2025, this Criminal Revision Case is filed. 2.Heard both sides and carefully perused the materials available on record.

3.In a return of property matter, the petitioner produced two sureties in Crime No.392 of 2024. However, the same came to be returned by the learned Judicial Magistrate, on 26.06.2025, citing that valuation of property of both sureties for Rs.10,00,000/- to be produced. However, in the order passed by the learned Judicial Magistrate No.II, Kuzhithurai, in Crl.M.P.No. 68 of 2025 dated 27.01.2025, condition no.3(a) was with respect to the direction to the petitioner to execute a bond for a sum of Rs.10,00,000/- along with two sureties. However, the learned Judicial Magistrate has misconstrued the same for production of valuation of properties by both sureties for the amount of Rs.10,00,000/-. The said exercise is unwarranted and the same is liable to be struck off. The petitioner is directed to execute a bond for a sum of Rs.10,00,000/- and produce two sureties. 2/4

3.In view of the above, this Criminal Revision Case is allowed. No Costs.

16.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Mrn Note : The Registry is directed to return the original documents to the petitioner, after obtaining the xerox copy of the same. To 1.The Judicial Magistrate No.II, Kuzhithurai.

2.The Sub Inspector of Police, Pudhukadai Police Station, Kanyakumari District.

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

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L.VICTORIA GOWRI, J., Mrn 16.07.2025 4/4