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Prasanth v. State Rep by

Madras HC5 Aug 2025CRL RC/672/2024

Case brief

AI extract

What is this about?

Madras High Court; Crl.R.C.No.672 of 2024; G.K.ILANTHIRAIYAN J.; 05.08.2025; criminal revision S.397/401 CrPC; return of seized vehicle; interim custody; Poclain vehicle TN 48 BZ 2637; Crime No.25 of 2024 Madathukulam Police Station Tiruppur; S.379 IPC; S.21(1) MMDR Act 1957; illegal gravel sand transport; owner arrayed as A4; Crl.M.P.No.379 of 2024 order dated 11.03.2024 set aside; own bond Rs.1,00,000/-; deposit of registration certificate; no alienation or alteration; revision allowed.

What did the court decide?

Criminal Revision Case allowed: impugned dismissal order dated 11.03.2024 set aside; Judicial Magistrate, Madathukulam directed to return the seized Poclain vehicle (TN 48 BZ 2637) to the petitioner-owner forthwith subject to bond and custody conditions. ¶38

Prasanth Vs State Rep by — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 11.03.2024 in Crl.M.P.No.379 of 2024 dismissing the petitioner's petition for return of the seized Poclain vehicle (TN 48 BZ 2637) should be set aside and the vehicle returned to the petitioner, its owner arrayed as A4, in Crime No.25 of 2024.

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Court's answer

The order dated 11.03.2024 made in Crl.M.P.No.379 of 2024 passed by the Judicial Magistrate, Madathukulam, dismissing the return-of-property petition is hereby set aside.

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Ratio / Principle

The Judicial Magistrate, Madathukulam, is directed to return the Poclain Vehicle bearing registration No.TN 48 BZ 2637 to the petitioner forthwith, subject to conditions: execution of an own bond for Rs.1,00,000/- to the credit of Crime No.25 of 2024; deposit of the original registration certificate with the Magistrate; photography of the seized item at the petitioner's cost with a signed list; no alienation or alteration of the vehicle; production of the vehicle before the Court and respondent police as and when required; and automatic cancellation of the order upon violation of any condition.

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Detailed headnote1 paragraphs

Criminal Revision (under Ss.397/401 CrPC) before the High Court of Judicature at Madras (G.K.ILANTHIRAIYAN J.), allowed on 05.08.2025. The order dated 11.03.2024 in Crl.M.P.No.379 of 2024 of the Judicial Magistrate, Madathukulam, dismissing the petitioner's petition for return of property, was set aside. The petitioner owned a Poclain vehicle (TN 48 BZ 2637) hired by the accused to transport gravel sand without a valid permit, leading to FIR Crime No.25 of 2024 (S.379 IPC and S.21(1) Mines and Mineral (Development and Regulation) Act, 1957); the vehicle was seized and the petitioner, though owner, was arrayed as A4. The Judicial Magistrate was directed to return the vehicle to the petitioner forthwith on conditions: own bond of Rs.1,00,000/- to the credit of the crime, deposit of the original registration certificate, photographing of the seized item at the petitioner's cost with a signed list, no alienation or alteration, production before the Court and police as required, with automatic cancellation of the order on breach.

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Crl.R.C.No.672 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05.08.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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Crl.R.C.No.672 of 2024

Prasanth

... Petitioner

State Rep By The Inspector of Police, Madathukulam Police Station, Tiruppur District. (Cr.No.25/2024)

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... Respondent

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PRAYER: Criminal Revision Case is filed under Section 397 read with 401 of Code of Criminal Procedure, to call for the records relating to the order dated 11.03.2024 made in Crl.M.P.No.379 of 2024 passed by the Learned Judicial Magistrate, Madathukulam.

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For Petitioner : Mr.Ilamvazhuthi for Mr.R.Babu For Respondent : Mr.A.Gopinath Government Advocate (Crl.side)

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ORDER

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This Criminal Revision has been filed challenging the order dated

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11.03.2024 made in Crl.M.P.No.379 of 2024 passed by the Judicial Magistrate,

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Madathukulam, thereby dismissing the petition filed for return of property.

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Heard the learned counsel appearing on either side and perused the

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Page 1 of 4

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

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Crl.R.C.No.672 of 2024

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materials placed on record.

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The petitioner owned a Poclain Vehicle bearing registration No.TN 48 BZ 2637. It was hired by the accused to transport gravel sand weighing 3 ½

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units. The accused illegally transported the same without any valid permit and as such, the respondent registered FIR in Crime No.25 of 2024 for the offence punishable under Section 379 of IPC and Section 21(1) of Mines and Mineral (Development and Regulation) Act, 1957.

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4. Pursuant to the registration of FIR, the vehicle has been seized and

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produced before the Court. Though the petitioner is the owner of the vehicle, he has been arrayed as A4.

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5. In view of the above, this Court is inclined to return the vehicle. Accordingly, the order dated 11.03.2024 made in Crl.M.P.No.379 of 2024 passed by the Judicial Magistrate, Madathukulam, is hereby set aside. The Judicial Magistrate, Madathukulam, is directed to return the Poclain Vehicle bearing registration No.TN 48 BZ 2637 to the petitioner, forthwith on the following conditions:-

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(i) the petitioner is directed to execute a own bond for a sum of

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Page 2 of 4

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

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Crl.R.C.No.672 of 2024

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Rs.1,00,000/- (Rupees One Lakh only) to the satisfaction of the concerned Magistrate to the credit of Crime No.25 of 2024 pending on the file of the respondent police.

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(ii) the petitioner shall deposit the original registration certificate of the vehicle with the concerned Magistrate.

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(iii) the seized item 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.

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

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(v) the petitioner shall produce the vehicle before the Court and before the respondent police as and when required;

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(vi) If any of the conditions are violated, this order automatically stands cancelled.

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6. Accordingly, the Criminal Revision Case stands allowed.

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05.08.2025

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