BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 15/10/2025 CORAM THE HONOURABLE MR. JUSTICE SUNDER MOHAN J.Mohammed Musthak, ... Petitioner Vs The Inspector of Police, Airport Police Station, Trichy. ... Respondent PRAYER :- Criminal Original Petition is filed under Section 528 of BNSS, 2023, to Call for the records of the order in Crl.R.C.No.12 of 2024 on the file of the III Additional District Court, Trichy and set aside the clause (iv) alone.

For Petitioner : Mr.G.Karnan, For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The petitioner seeks to quash the impugned order passed by the III Additional District Court, Trichy in Crl.R.C.No.12 of 2024 dated

20.08.2025.

2. The petitioner is aggrieved by the condition imposed by the learned III Additional District Judge, Tirchy in Crl.R.C.No.12 of 2024, while directing the return of 186.09 grams of the gold chain, which was seized from him, on the ground that it creates a suspicion of commission of an offence. The FIR was registered in Crime No.121 of 2023 on

05.03.2023, under Sections 41(1)(d) and 102 of Cr.P.C.

3. The petitioner was found in possession of 186.09 grams of gold chain in suspicious circumstances. The petitioner had sought for return of the gold jewels before the learned Judicial Magistrate No.VI, Trichy in Cr.M.P.No.24984 of 2023 and the same was dismissed on 14.09.2023. The petitioner challenged the said order before the III Additional District Court, Trichy in Crl.R.C.No.12 of 2024 and the same was allowed on 20.08.2025 by imposing 6 conditions. The petitioner is willing to abide by the conditions except with the condition to execute a bank guarantee for the value of 189.09 grams of gold chain.

4. The learned Additional Public Prosecutor, on instructions would fairly submit that no offence has been made out against the petitioner.

5. This Court is unable to understand as to how the petitioner's property can be retained without registration of any case for any offence against the petitioner. The FIR has been registered under Section 41(1) (d) and 102 of Cr.P.C. Section 102 of Cr.P.C., which deals with the power to seize any properties and Section 41(1) (d) of Cr.P.C, which deals with power to arrest a person if he is found in possession of anything suspected to be a stolen property.

6. Though the alleged seizure was made in the year 2023, the respondents are still unable to state the offences said to have been committed by the petitioner. The petitioner's property cannot be indefinitely retained when even according to the respondents the petitioner has not committed any offence. The petitioner therefore is entitled for return of jewels. The fourth condition imposed by the learned III Additional District Judge, Trichy in Crl.R.C.No.12 of 2024 (i.e) to execute a bank guarantee for the value of the jewels being onerous cannot be sustained. In view of the same the order of the learned III Additional District Judge directing return of jewels is confirmed after setting aside the fourth condition alone. Accordingly, this Criminal Original Petition is allowed.

15.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No tta TO

1.The III Additional District Court, Trichy.

2. The Inspector of Police, Airport Police Station, Trichy.

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

SUNDER MOHAN,J tta

ORDER

IN CRL OP(MD) No.17622 of 2025 Date : 15/10/2025