IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mrs.Justice T.V.THAMILSELVI
VENNILAVAN – Appellant
Versus
The State Rep by The Inspector of Police – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-11-2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
1. VENNILAVAN S/o.Arumugam, NO.226, Eri Street, T.Keeranur Village, T.K.Mandapam, Thirukoilur Taluk, Kallakuruchi District-605 766.
Petitioner(s)
Vs
1. The State Rep by, The Inspector of Police, Thirukoilur Police Station, Kallakurichi District. Cr.No.383/2025.
Respondent(s)
CRL RC No. 2549 of 2025 PRAYER To allow this Criminal Revision Petition and set aside the order passed in Crl.M.P.No.1152/2025 on the file of the Judicial Magistrate at Thirukoilur, dated 07.11.2025.
For Petitioner(s): U.Kathiravan G.Anand Kumar M.Praveen Kumar R.Rajesh V.Sindhu Nathi For Respondent(s): Dr.C.E.Pratap, Govt Advocate
ORDER
This Criminal Revision Case has been filed challenging the order dated
07.11.2025. made in Crl.M.P.No.1152/2025 on the file of the Judicial Magistrate at Thirukoilur, by allowing this Criminal Revision Petition.
2. The respondent police has registered a case in Crime No.383 of 2025 registered for the offences punishable under Section 303(2),132 of BNS r/w Section 21(1) of Mines and Minerals Act. Pursuant to the registration of the FIR, the respondent seized the petitioner's tipper lorry bearing Registration Numbers TN 88L 4360. Therefore, the petitioner filed a petition seeking return of the vehicle and the same was dismissed by the Court below on 07.11.2025.
Hence this petition.
3. The learned Government Advocate (Crl.Side) appearing for respondent raised strong objections for return of the vehicle.
4. Heard the learned counsel appearing on either side and perused the materials available on record.
5. A perusal of the records reveals that the Vehicle was seized by the respondent police from the petitioner and the same was deposited before the Trial Court. On seeing the facts, the vehicle of the petitioner have nothing to do with the alleged offence.
6. In view of the above, this Court is inclined to order the return of the the vehicle to the petitioner. Accordingly, the order dated 07.11.2025 made in Crl.M.P.No.1152 of 2025 on the file of the the file of the learned Judicial Magistrate at Thirukoilur is hereby set aside. The learned Judicial Magistrate at Thirukoilur is directed to return the vehicle to the petitioner, forthwith on the following conditions:-
(i) the petitioner is directed to deposit a sum of Rs.30,000/- (Rupees Thirty Thousand only) to the credit of Advocate Clerk Association, Kallakurichi District, within a period of four weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below.
(ii) the petitioner shall deposit the original invoice or bill of the vehicle 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 vehicle.
(v) the petitioner shall produce the Vehicle before the Court and the respondent police as and when required;
(vi) If any of the conditions are violated, this order automatically stands cancelled.
7. Accordingly, the Criminal Revision Case stands allowed.
26-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To.
1. The Judicial Magistrate at Thirukoilur, 2. The Inspector of Police,Thirukoilur Police Station, Kallakurichi District.
T.V.THAMILSELVI J.
smn 2025
26-11-2025
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