IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-11-2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. Sathish Kiumar S/o. Rajendran, F.No.3/99, Kattoor, Kolnayakkanpatti Post, Salem.

Petitioner(s)

Vs

1. The State rep by Forest Range Officer Thadagam Range, Coimbatore.

WLOR.No.2 of 2025.

Respondent(s)

CRL RC No. 2234 of 2025 PRAYER To set aside the order dated 17.09.2025 made in Crl.M.P.No.8177 of 2025 in WLOR. No.02/2025 on the file of the Judicial Magistrate No.2, Coimbatore and allow the above Criminal Revision petition.

CRL RC No. 2234 of 2025 For Petitioner(s): R.Thamarai Selvan M. Dhivyalakshmi S. Venkatesan T. Maha Vishnu S. Ramesh N. Gayathri M. Tarun Vel R. Rajarajan For Respondent(s): Dr.C.E. Pratap, Govt Advocate

ORDER

This Criminal Revision Case has been filed to set aside the order passed in Crl.M.P.No.8177 of 2025 in WLOR. No.02 of 2025 on the file of the Judicial Magistrate No.2, Coimbatore dated 17.09.2025.

2. The petitioner is an accused in WLOR. No.02 of 2025 registered for the offences punishable under Sections 39-1(b), 39(2), 48(A), 49(B), 50 and 51 of Wildlife Protection Act. Pursuant to the registration of the FIR, the respondent seized the petitioner's mobile phone. Therefore, the petitioner filed a petition seeking return of the property stating that he is owner of the Oppo Cellphone as it is difficult for him to attend his work without any proper communication. However, the same was dismissed on the ground that the mobile phone would be a vital piece of evidence.

3. The learned counsel for the petitioner submitted that only based on the confession statement the petitioner has been implicated in this case and there is no recovery from the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for respondent raised strong objections for return of mobile phone.

5. Heard the learned counsel appearing on either side and perused the materials available on record.

6. In view of the above, this Court is inclined to order the return of the mobile phone to the petitioner. Accordingly, the order dated 17.09.2025 in Crl.M.P.No.8177 of 2025 on the file of the Judicial Magistrate No.2, Coimbatore is hereby set aside. The Judicial Magistrate No.2, Coimbatore is directed to return the oppo mobile phone to the petitioner, forthwith on the following conditions:-

(i) the petitioner shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the satisfaction of the concerned Magistrate to the credit of WLOR.No.2 of 2025 of 2025 pending on the file of the respondent.

(ii) the petitioner shall deposit the original invoice or bill of the phone before the concerned Magistrate.

(iii) the seized items should be photographed at the cost of the petitioner herein and a list is to be prepared and the same is to be signed by the petitioner.

(iv) the petitioner shall not alienate and shall not make any alteration in the mobile.

(v) the petitioner shall produce the mobile phone before the Court and the respondent police as and when required; (vi) If any of the conditions are violated, this order automatically stands cancelled.

27-11-2025 smn Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To.

1. The learned Judicial Magistrate No.2, Coimbatore

2. The Forest Range Officer, Thadagam Range, Coimbatore.

T.V.THAMILSELVI J.

smn 2025

27-11-2025