Madras High Court
Eswaran vs The Deputy Superintendent Of Police on 27 March, 2025
Author: B.Pugalendhi
Bench: B.Pugalendhi
Crl.A(MD)No.393 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :27.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
Crl.A(MD)No.393 of 2025
Eswaran ... Appellant
Vs
1.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 ... Respondents
PRAYER: Appeal filed under Section 14-A(2) of Schedule Caste and
Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015, as
against the order of dismissal passed 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.
1/8
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Crl.A(MD)No.393 of 2025
For Appellant : Mr.R.Venkatesan
For R1 & R2 : Mr.A.S.Abdul Kalam Asad
Government Advocate
R3 : Mr.D.Rajaboopathy
JUDGMENT
The appellant is the owner of a two wheeler bearing
Registration No.TN 63 BD 7036. His brother, namely, Parameswaran
was said to have taken his vehicle to Aviyur Village on 25.03.2024.
On that day, there was an incident, wherein, the appellant's brother
along with three others have assaulted the third respondent herein. On
the complaint of the third respondent, the second respondent police has
registered 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 the time of occurrence
and therefore, the vehicle was seized by the respondent police that this
vehicle has been used for the commission of offence. Since this
appellant's vehicle was remanded before the Special Court for trial of
SC/ST(POA) Cases, Virudhunagar District, Srivilliputhur, the
appellant herein has moved an application under Section 451 of
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Cr.P.C, for return of vehicle in Cr.MP.No.100 of 2024 in Spl.SC No.
59 of 2024 and the learned Judge has also allowed that petition as
under:-
''In the result, this petition is allowed thereby this Court
is ordered to give interim custody of the two wheeler
bearing No. TN 63BD 7036 to the petitioner herein with
the following conditions:-
i. The petitioner should execute a bond for Rs.
1,00,000/- with two sureties for the like sum each.
ii. The petitioner should hand over the original
R.C.Book of the above said Pulsar 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 Criminal Rules of Practice with the
photographs of the vehicle with any special
description marks shall be prepared to be filed with
records.
iv. The petitioner should produce the above said two
wheeler bearing Reg.No.TN 63 BD 7036 before
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the Court on the first working day of every
English month at about 10.a.m.
v. If the court directs the petitioner to produce the
vehicle, the petitioner should produce the above
said two wheeler bearing Reg.No.TN 63 BD 7036
before the Court immediately.
vi. The petitioner shall file an affidavit of undertaking
the property will not be 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 on the 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 at Tirupuvanam Village, Sivagangai District. He
is working as a Coolie. Since the occurrence was taken place at
Aruppukottai, the case was registered on the file of the second
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respondent police under SC/ST Prevention of Atrocities)Act, 1989.
The final report was also filed and the same was taken on file by the
Special Court for trial of Cases under SC/ST (POA) Act,
Virudhunagar District, Srivilliputhur in Spl.S.C.No.59 of 2024.
According to the learned counsel, the distance between his native place
at Tirupuvanam Village and Srivilliputhur is around 200 kms. Since he
is working as a Coolie, it is very difficult for him to take the vehicle
for such a long distance and produce it before the trial Court on every
month, which would not only cause financial constrain but also time
constrain. He further submits that the appellant would comply with all
other conditions and he also undertakes to produce the vehicle before
Thirupuvanam Police Station once in a month.
3.Mr.A.S.Abdul Kalam Azad, learned Government Advocate
takes notice for R1 and R2 and submits that he is not having any
objections for producing the vehicle before Thirupuvanam Police
Station.
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4.This Court considered the rival submissions made and also
perused the materials placed on record.
5.It is not known how this vehicle has been seized by the
respondent police as if it has been used for the commission of offence.
It appears that a clash broke out between the accused and the defacto
complainant, while grassing the goats. The respondent police has
unnecessarily seized the appellant's vehicle and remanded to judicial
custody. In fact, this appellant is not an accused. He claims that he is
residing at Thirubuvanam and working as a coolie and therefore, he
finds it difficult to travel such 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.4 imposed by the trial Court Cr.MP.No.100 of 2024
in Spl.SC.No.59 of 2024, dated 27.09.2024 alone is modified to the
effect that this appellant shall produce the vehicle bearing Registration
No.TN 63 BD 7036, before the Sub Inspector of Police, Thirupuvanam
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Police Station, Sivagangai, on the first working day of every English
calendar month at 10.a.m., pending trial. It is made clear that the other
conditions imposed by the trial Court are ordered to be strictly
complied with by the appellant.
27.03.2025
NCC : Yes / No.
Index : Yes / No.
Internet : Yes / No.
vrn
To
1.The Special Court for trial of SC/ST (POA) Act cases,
Virudhunagar at Srivilliputhur.
2.The Sub Inspector of Police,
Thirupuvanam Village, Sivagangai.
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B.PUGALENDHI, J.,
vrn
Judgment made in
27.03.2025
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