M. Felix Gerald v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2025

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Felix Gerald ... Petitioner Vs.

1.The State of Tamil Nadu rep. by The Inspector of Police, Cyber Crime Police Station (CCD-III), Tiruchirappalli, (Crime No.21 of 2024) 2.The Inspector of Police, Cyber Crime Police Station, Coimbatore.

(Crime No.76 of 2025) ... Respondents (R2 is impleaded as per order of the Court dated 28.04.2025 in Crl.M.P.(MD)No.5924 of 2025 in Crl.R.C.(MD)No.1185 of 2024) PRAYER : Criminal Revision Case filed under Section 438 r/w 442 B.N.S.S., to call for the records pertaining to the impugned order dated 24.09.2024 in Crl.M.P.No.19543 of 2024 passed by the Judicial Magistrate Additional Mahila Court, Tiruchirappalli and set aside the same.

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For Petitioner : Mr.M.Dinesh Hari Sudarsan For Respondents : Mr.Veera Kathiravan, Additional Advocate General assisted by Mr.B.Thanga Aravindh, Government Advocate (Crl. Side)

ORDER

The Criminal Revision is directed against the order passed in Crl.M.P.No.19543 of 2024 dated 24.09.2024 on the file of the Judicial Magistrate Additional Mahila Court, Tiruchirappalli, dismissing the petition filed under Section 451 Cr.P.C.

2. It is evident from the records that the properties listed out in the petition in Crl.M.P.No.19543 of 2024 came to be seized in connection with the case in Crime No.21 of 2024 by the first respondent police and the said properties were produced before the jurisdictional Court and the same came to be received and remanded in R.P.R.No.66 of 2024.

3. It is not in dispute that the first accused has filed a writ petition in W.P.(Crl.)No.340 of 2024 before the Hon'ble Supreme Court and 2/7

obtained a stay order and subsequently the Hon'ble Apex Court has passed an order transferring the investigation from the first respondent police to the second respondent police vide order dated 24.02.2025.

4. The learned Additional Advocate General appearing for the respondents would submit that in pursuance of the directions of the Hon'ble Supreme Court, the properties, which were remanded by the Additional Mahila Court, Tiruchirappalli, were sent to the Court of the Judicial Magistrate No.4, Coimbatore and the same came to be received by the concerned Court.

5. When the matter was taken up yesterday (29.04.2025), the learned counsel appearing for the petitioner would submit that he is not having any objections to send the electronic gadgets to the forensic lap but there is no purpose in retaining the other documents such as title deeds and other documents, which were recovered by the first respondent police. At that juncture, the learned Additional Advocate General appearing for the respondents sought time for getting instructions from the second respondent police, who was impleaded recently. 3/7

6. When the matter is taken up for hearing today, the learned Additional Advocate General appearing for the respondents would submit that they are not having any objections to return the bank documents, etc., but they have to send the 21 electronic gadgets recovered, to the forensic lap so as to proceed with the investigation further and also filed a status report in this regard.

7. The learned counsel appearing for the petitioner would submit that the remaining documents may be returned to the petitioner.

8. Considering the above facts and circumstances and taking note of the status report now filed by the second respondent police and also the submission made by the learned counsel appearing for the petitioner, the petitioner is directed to move an application before the learned Judicial Magistrate No.4, Coimbatore for returning of the property and on receipt of the same, the learned Judicial Magistrate No.4, Coimbatore is directed to return the documents listed out in the status report filed by the second respondent police dated 30.04.2025 by taking necessary 4/7

undertaking from the petitioner.

9. With the above direction, this Criminal Revision Case stands disposed of. The status report filed by the second respondent police dated 30.04.2025 shall form part and parcel of this order. No costs. 30.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The Judicial Magistrate, Additional Mahila Court, Tiruchirappalli.

2.The Judicial Magistrate No.4, Coimbatore.

3.The Inspector of Police, Cyber Crime Police Station (CCD-III), Tiruchirappalli, 4.The Inspector of Police, Cyber Crime Police Station, Coimbatore.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, 5/7

Madurai.

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K.MURALI SHANKAR,J.

csm Order made in Dated: 30.04.2025 7/7