Crl.R.C.No.80 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.01.2025 CORAM THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.R.C.No.80 of 2025 Mukesh Kumar Purohith ... Petitioner Vs. The State Rep. by Inspector of Police Bagayam Police Station Vellore Crime No.202 of 2022 … Respondent PRAYER: Criminal Revision Case filed under Section 438 & 442 of B.N.S.S, 2023, seeking to set aside the order dated 30.04.2024 made in C.M.P.No.3870 of 2023 in Crime No.202 on the file of the learned Judicial Magistrate No.1, Vellore and return the vehicle bearing registration No.TN- 07-BD-9963 (Innova) to the petitioner (owner of the vehicle). For Petitioner : Mr.C.Vidhusan For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl. Side) Page No.1 of 7 https://www.mhc.tn.gov.in/judis Crl.R.C.No.80 of 2025 ORDER The revision challenges the dismissal of the petitioner's application filed for return of the vehicle, which was seized for the second time for violation of the conditional order passed by the trial Court to produce the R.C. book after insurance renewal. 2.The vehicle bearing Reg. No.TN-07-BD-9963, Innova Car was seized during the course of investigation in Crime No.202 of 2022 on 09.08.2022 registered for the offences U/s.7(5), 20(2) of COTPA Act r/w 328 of I.P.C. The vehicle was returned on 21.12.2022 in Crl.M.P.No.11640 of 2022 by the learned Judicial Magistrate No.1, Vellore on certain conditions including directing the petitioner to produce the original R.C. book before the Court. The petitioner complied with the said condition. Thereafter, the petitioner sought for return of the R.C. book to enable him to renew the insurance which was allowed by the learned Judicial Magistrate, with a direction to the petitioner to produce the original R.C. book on 06.04.2023, Page No.2 of 7 https://www.mhc.tn.gov.in/judis Crl.R.C.No.80 of 2025 3.Admittedly, the petitioner did not comply with the said direction and also did not respond to the notices sent by the learned Judicial Magistrate. Therefore, the learned Magistrate directed the police officials to secure the vehicle and produce it before the learned Magistrate. Accordingly, the respondent had seized the vehicle once again along with the original R.C. book. The petitioner sought for return of the vehicle and the learned Magistrate dismissed the said petition. The learned Magistrate also directed the respondent to take steps to confiscate the vehicle after affording opportunity to the petitioner. 4.The learned counsel for the petitioner would submit that subsequent to the order passed by this Court and subsequent to the second seizure on 23.04.2024, the vehicle is kept idle at the police station and its value is diminishing and prayed for the return of the vehicle. He further submitted that he would abide by any stringent conditions. 5.The learned Government Advocate (Crl. Side) on instructions Page No.3 of 7 https://www.mhc.tn.gov.in/judis Crl.R.C.No.80 of 2025 submitted that the petitioner's conduct is such that no indulgence should be shown to him; and that the confiscation proceedings are yet to be initiated. 6.The conduct of the petitioner in disobeying the orders of the learned Magistrate cannot be countenanced. At the same time, the vehicle cannot be kept idle at the police station for a very long time as it would neither help the petitioner nor the respondent, since the value of the vehicle would diminish. Hence, this Court is of the view that the vehicle can be returned to the petitioner on certain stringent conditions and on payment of cost, subject to any other proceedings that may be initiated by the respondent. 7.Accordingly, the vehicle is directed to be released on the following conditions: (i) The petitioner shall execute a personal bond for a sum of Rs.7,50,000/- (Rupees Three Lakhs only) with two sureties for a likesum to the satisfaction of the learned Judicial Magistrate No.1, Vellore. (ii) The petitioner shall pay Rs.25,000/- (Rupees Twenty Five Thousand only) as cost to the District Legal Page No.4 of 7 https://www.mhc.tn.gov.in/judis Crl.R.C.No.80 of 2025 Services Authority, Vellore. (iii) 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 RC book shall be kept in the custody of the trial Court until further orders; (iv) The petitioner shall not alter or alienate the vehicle in any manner; (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. (v) The return of property would be subject to the result of the confiscation proceedings, if any. 8.The Criminal Revision Case stands allowed accordingly. The order dated 30.04.2024 made in C.M.P.No.3870 of 2023 in Crime No.202 of 2022 on the file of the learned Judicial Magistrate No.1, Vellore is set aside. 27.01.2025 kas Index: Yes / No Neutral Citation Page No.5 of 7 https://www.mhc.tn.gov.in/judis Crl.R.C.No.80 of 2025 Note: Issue order copy on 30.01.2025 Page No.6 of 7 https://www.mhc.tn.gov.in/judis Crl.R.C.No.80 of 2025 SUNDER MOHAN, J. kas To 1.The Inspector of Police Bagayam Police Station Vellore Crime No.202 of 2022 2.The Judicial Magistrate No.1 Vellore 3.The Public Prosecutor High Court of Madras Crl.R.C.No.80 of 2025 27.01.2025 Page No.7 of 7 https://www.mhc.tn.gov.in/judis