S.Prabhakaran v. The State Rep By, the Sub-Inspector of Police,

ORDER This Criminal Original Petition has been filed by the petitioner to set aside the conditional order dated 30.04.2025 made in Crl.M.P.No.5199 of 2025 in Crime No.170 of 2025 on the file of the XIV Metropolitan Magistrate,

¶2The case of the petitioner is that based on the complaint lodged by one Ravikumar alleging that the petitioner who is one of the Directors of M/s.Reefer Care Services Pvt. Ltd., after hiring the services of the defacto complainant, who is the Proprietor of S.R. Container (All Wok Repairing Service) evaded payment, the respondent police registered a case in Crime No.170 of 2025 against the petitioner and his company for the offence under Sections 420 IPC on 05.03.2025. Thereafter, while apprehending the petitioner for producing him before the Court, the respondent police seized the vehicle of the petitioner viz., Gyundai Xcent Motor Car bearing Registration No.TN07 BX 5032. Subsequently, the petitioner filed a petition in Crl.M.P.No.5199 of 2025 under Sections 497 and 503 of B.N.S.S. before the XIV Metropolitan Magistrate, Egmore, Chennai - 600 008 seeking interim custody of the vehicle. Though the said petition was allowed, among the other conditions, the learned Magistrate imposed a condition directing the petitioner to execute own bond for a sum of Rs.3 lakhs and surety for the same amount and to deposit the original document in evidence of that amount in the Court till the conclusion of the case, as follows: 5/

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¶3Aggrieved by the said condition, the petitioner has filed the present petition.

¶4The main grievance of the petitioner is that the said vehicle is no at all involved in this case and therefore, imposition such a condition is arbitrary.

¶5The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the investigation has been completed and the charge sheet has also been filed through e-filing.

¶6Heard both sides and perused the materials available on record.

¶7A perusal of the materials shows that during investigation, the respondent police seized the vehicle of the petitioner and produced before the Court. While granting interim custody of the vehicle, the Magistrate has imposed one of the conditions directing the petitioner to execute own bond for a sum of Rs.3 lakhs and surety for the same amount and to deposit the original document in evidence of that amount in the Court till the conclusion of the case. But, it is seen that the said vehicle is not involved in this offence. Further, now the investigation has been completed and the charge sheet has also been filed.

¶8Therefore, the condition No.5 alone, imposed by the Magistrate in Crl.M.P.No.5199 of 2025 by order dated 30.04.2025 is set aside. The rest of the conditions shall remain unaltered.

¶9With the above modification, this Criminal Original Petition is disposed of.

12.06.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 To

¶1The XIV Metropolitan Magistrate,

¶2The Sub Inspector of Police F-2, Egmore Police Station Chennai - 600 008

¶3The Public Prosecutor High Court of Madras, Chennai P.VELMURUGAN. J. Ksa-2

12.06.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.06.2025 Coram: THE HONOURABLE MR. JUSTICE P.VELMURUGAN S.Prabhakaran ... Petitioner Vs. The State Represented by The Sub Inspector of Police F-2, Egmore Police Station Chennia - 600 008 (Crime No.170 of 2025) ... Respondent Prayer: Criminal Original Petition filed under Section 528 of BNSS, 2023 to set aside the conditional order dated 30.04.2025 made in Crl.M.P.No.5199 of 2025 in Crime No.170 of 2025 on the file of the XIV Metropolitan Magistrate, For Petitioner : Mr.A.V.Arun For Respondent : Dr.C.E.Pratap Government Advocate (Crl. Side)