Allowed

Kaviyarasan v. State Rep by

Madras HC10 Dec 2024CRL RC/2241/2024

Case brief

AI extract

What is this about?

The single judge allowed the criminal revision petition filed by an accused charged under the Tamil Nadu Prevention of Fraudulent Acts. The court set aside the lower court's dismissal and directed the police to return the seized two-wheeler, subject to a personal bond and conditions to ensure its production in legal proceedings.

What did the court decide?

Impugned order set aside; respondent directed to return the seized Bajaj Pulsar bike (TN 15 U 7506) to the petitioner subject to executing a personal bond of Rs.25,000/- and other conditions.

Kaviyarasan Vs State Rep by — Service and Employment | Madras HC (2024)

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Crl.R.C.No.2241 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 10.12.2024

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CORAM

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THE HONOURABLE MR.JUSTICE SUNDER MOHAN

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Crl.R.C.No.2241 of 2024

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Kaviyarasan ... Petitioner Vs.

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State Rep.by The Inspector of Police Thiyagadurgam Police Station, Kallakurichi District. (CRIME NO.340 of 2024) ... Respondent

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Prayer: Criminal Revision Petition filed under Sections 438 r/w 442 of Bharatiya Nagarik Suraksha Sanhita Act, 2023 to call for the records in CRL.MP.No.3344 of 2024 on the file of Judicial Magistrate No.2 at Kallakurichi and set aside the same and subsequently grant interim custody of Bajaj Pulsar bike bearing registration number TN 15 U 7506 to the petitioner.

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For Petitioner : Mr.G.Arunasekaran For Respondent : Mr.S.Udaya Kumar Govt. Advocate (Crl.side)

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https://www.mhc.tn.gov.in/judis

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Crl.R.C.No.2241 of 2024

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O R D E R

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The Revision challenges the dismissal of the petitioner's application

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filed under Section 497 & 503 of BNSS for release of his Bajaj Pulsar bike bearing Registration No.TN 15 U 7506.

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The petitioner is the accused in Crime No.340 of 2024 under Section 4(1) (i) of TNP Act, 4(1)(A) TNP Amendment Act, 2024. He was in possession of 20 Nos. of TASMAC liquor bottles which was attempted to be sold in the open market. During the course of investigation, Bajaj Pulsar bike bearing Registration No.TN 15 U 7506 of the petitioner was seized. The learned Magistrate dismissed the petition stating that the court has no authority to direct the respondent to release the vehicle when confiscated.

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The learned counsel for petitioner would submit that the petitioner's vehicle is kept idle in the police station from the date of seizure and subjected to vagaries of the weather, which would diminish its value and

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therefore, the petitioner may be permitted to take return of the vehicle and undertook to abide by any stringent conditions imposed by this Court.

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https://www.mhc.tn.gov.in/judis

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Crl.R.C.No.2241 of 2024

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The learned Government Advocate (crl.side), on instructions,

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submitted that the respondent are yet to take steps to initiate confiscation proceedings.

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Heard the learned counsel appearing for the petitioner as well as the

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Government Advocate (crl.side) and perused the records.

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On perusal of the records, it is seen that the vehicle of the petitioner

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was seized and it is kept in the police station in an open place, subject to the vagaries of weather. The value of the vehicle would therefore diminish. The Hon'ble Supreme Court had held in such cases that the vehicle can be returned to the owner who is entitled to proper custody on conditions. Hence,

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this Court is of the view that the two-wheeler be returned to the petitioner.

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Accordingly, this Criminal Revision Case is allowed and the

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impugned order dated 18.10.2024 made in CRL.MP.No.3344 of 2024 by the

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learned Judicial Magistrate No.2 at Kallakurichi is set aside . In view of the

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same, the respondent is directed to return the vehicle bearing Registration

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No. TN 15 U 7506 to the petitioner on the following conditions:

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(i) The petitioner shall execute a personal bond for a

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https://www.mhc.tn.gov.in/judis

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Crl.R.C.No.2241 of 2024

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sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a likesum to the satisfaction of the learned Judicial Magistrate No.2, Kallakurichi ;

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(ii) The petitioner shall produce the original RC Book along with a self-attested Photostat copy of the RC Book of the vehicle and other relevant records to prove his ownership. The learned Judicial Magistrate No.2, Kallakurichi shall peruse the RC book and other records, retain a xerox copy of the same and return the original RC book to the petitioner;

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(iii) The petitioner shall not alter or alienate the vehicle in any manner;

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(iv) The petitioner shall also give an undertaking that he will produce the vehicle as and when required by the respondent and by the court below.

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(v) The return of property would be subject to the result of the confiscation proceedings, if any.

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10.12.2024

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Index : Yes/No Speaking Order/Non Speaking Order Neutral Citation: Yes/No rgr

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Crl.R.C.No.2241 of 2024

SUNDER MOHAN, J.

rgr

1.The Judicial Magistrate No.2, Kallakurichi.

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2.The Inspector of Police Thiyagadurgam Police Station, Kallakurichi District

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The Public Prosecutor, High Court, Madras.

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Crl.R.C.No.2241 of 2024

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10.12.2024

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https://www.mhc.tn.gov.in/judis

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Kaviyarasan v. State Rep by

Case brief

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Kaviyarasan v. State Rep by

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