High Court · 2025

Crl.A(MD)No.393 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED :27.03.2025CORAM:THE HONOURABLE MR.JUSTICE B.PUGALENDHICrl.A(MD)No.393 of 2025Eswaran ... AppellantVs1.The Deputy Superintendent of Police, Aruppukottai Sub Division, Virudhunagar District.2.State of Tamil Nadu Represented by The Sub Inspector of Police, Aviyur Police Station, Virudhunagar District.3.Muneeswaran ... RespondentsPRAYER: Appeal filed under Section 14-A(2) of Schedule Caste and Schedule Tribes(Prevention of Atrocities) Amendment Act, 2015, as against the order of dismissalpassed by the learned Judge, Special Court for trial of SC/ST (POA) Act cases,Virudhunagar at Srivilliputhur in Cr.MP.No.100 of 2024 in Spl.SC.No.59 of 2024,dated 27.09.2024. For Appellant: Mr.R.Venkatesan For R1 & R2: Mr.A.S.Abdul Kalam Asad Government Advocate R3: Mr.D.Rajaboopathy1/7 https://www.mhc.tn.gov.in/judis Crl.A(MD)No.393 of 2025J U D G M E N TThe appellant is the owner of a two wheeler bearing Registration No.TN 63 BD7036. His brother, namely, Parameswaran was said to have taken his vehicle toAviyur Village on 25.03.2024. On that day, there was an incident, wherein, theappellant's brother along with three others have assaulted the third respondentherein. On the complaint of the third respondent, the second respondent police hasregistered a criminal case as against this appellant's brother in Crime No.37 of 2024,for the offence under Sections 341, 394(b), 323, 109 A IPC and Section 3(1)(r), 3(1)(s), 3(2)(Va) of SC/ST (POA) Act. The appellant's brother (A2) has taken his vehicle at thetime of occurrence and therefore, the vehicle was seized by the respondent police thatthis vehicle has been used for the commission of offence. Since this appellant's vehiclewas remanded before the Special Court for trial of SC/ST(POA) Cases, VirudhunagarDistrict, Srivilliputhur, the appellant herein has moved an application under Section451 of Cr.P.C, for return of vehicle in Cr.MP.No.100 of 2024 in Spl.SC No.59 of 2024and the learned Judge has also allowed that petition as under:-''In the result, this petition is allowed thereby this Court is ordered to giveinterim custody of the two wheeler bearing No. TN 63BD 7036 to the petitionerherein with the following conditions:-2/7 https://www.mhc.tn.gov.in/judis Crl.A(MD)No.393 of 2025i.The petitioner should execute a bond for Rs.1,00,000/- with two suretiesfor the like sum each.ii.The petitioner should hand over the original R.C.Book of the above saidPulsar two wheeler bearing Reg.No.TN 63 BD 7036 in the Court.iii.A Panchanama in Judicial Form No.82 as per Rule 257(1) of CriminalRules of Practice with the photographs of the vehicle with any specialdescription marks shall be prepared to be filed with records.iv.The petitioner should produce the above said two wheeler bearingReg.No.TN 63 BD 7036 before the Court on the first working day ofevery English month at about 10.a.m.v.If the court directs the petitioner to produce the vehicle, the petitionershould produce the above said two wheeler bearing Reg.No.TN 63 BD7036 before the Court immediately.3/7 https://www.mhc.tn.gov.in/judis Crl.A(MD)No.393 of 2025vi.The petitioner shall file an affidavit of undertaking the property will notbe alienated, encumbered or altered in any manner until further orders.”The appellant has preferred this Criminal Appeal as against the condition No.4,wherein, this appellant was directed to produce the vehicle before the trial Court onthe first working day of every English month at about 10.a.m.. 2.The learned counsel for the appellant submits that the appellant is residing atTirupuvanam Village, Sivagangai District. He is working as a Coolie. Since theoccurrence was taken place at Aruppukottai, the case was registered on the file of thesecond respondent police under SC/ST Prevention of Atrocities)Act, 1989. The finalreport was also filed and the same was taken on file by the Special Court for trial ofCases under SC/ST (POA) Act, Virudhunagar District, Srivilliputhur in Spl.S.C.No.59of 2024. According to the learned counsel, the distance between his native place atTirupuvanam Village and Srivilliputhur is around 200 kms. Since he is working as aCoolie, it is very difficult for him to take the vehicle for such a long distance andproduce it before the trial Court on every month, which would not only causefinancial constrain but also time constrain. He further submits that the appellantwould comply with all other conditions and he also undertakes to produce thevehicle before Thirupuvanam Police Station once in a month.4/7 https://www.mhc.tn.gov.in/judis Crl.A(MD)No.393 of 20253.Mr.A.S.Abdul Kalam Azad, learned Government Advocate takes notice for R1and R2 and submits that he is not having any objections for producing the vehiclebefore Thirupuvanam Police Station. 4.This Court considered the rival submissions made and also perused thematerials placed on record.5.It is not known how this vehicle has been seized by the respondent police as ifit has been used for the commission of offence. It appears that a clash broke outbetween the accused and the defacto complainant, while grassing the goats. Therespondent police has unnecessarily seized the appellant's vehicle and remanded tojudicial custody. In fact, this appellant is not an accused. He claims that he is residingat Thirubuvanam and working as a coolie and therefore, he finds it difficult to travelsuch a long distance and produce his vehicle before the trial Court once in a month.6.In view of the above, this Criminal Appeal is allowed and the Condition No.4imposed by the trial Court Cr.MP.No.100 of 2024 in Spl.SC.No.59 of 2024, dated27.09.2024 alone is modified to the effect that this appellant shall produce the vehicle5/7 https://www.mhc.tn.gov.in/judis Crl.A(MD)No.393 of 2025bearing Registration No.TN 63 BD 7036, before the Sub Inspector of Police,Thirupuvanam Police Station, Sivagangai, on the first working day of every Englishcalendar month at 10.a.m., pending trial. It is made clear that the other conditionsimposed by the trial Court are ordered to be strictly complied with by the appellant. sd/- 27/03/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023. VRNTO1 THE JUDGE,SPECIAL COURT FOR TRIAL OF SC/ST(POA)ACT CASES, VIRUDHUNAGAR AT SRIVILLIPUTHUR.2 THE DEPUTY SUPERINTENDENT OF POLICE,ARUPPUKOTTAI SUB DIVISION,VIRUDHUNAGAR DISTRICT.3 THE SUB INSPECTOR OF POLICE,AVIYUR POLICE STATION,VIRUDHUNAGAR DISTRICT,4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. COPY TO:THE SUB INSPECTOR OF POLICE,THIRUPUVANAM POLICE STATION, SIVAGANGAI.6/7 https://www.mhc.tn.gov.in/judis Crl.A(MD)No.393 of 2025+1. C.C. to R.VENKATESAN Advocate SR.No.20786(F) DATED 28/03/2025 ORDER IN CRL A(MD) No.393 of 2025 Date :27/03/2025 SS/SAR- /07/04/2025/ 7P/7CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7