Kumar v. The State Rep. by the Inspector of Police,

Order The Criminal Revision challenges the dismissal of the petitioner's application filed under Section 497 r/w. 503 of BNSS for return of his vehicle viz., Skoda Octavia Elegance AT BSIV, bearing Regn.No.TN-07-CB-2727. Page2 of 4

¶2It is the case of the prosecution that the accused were found in possession of 480 tapentadol tablets and 700 gms of ganja; that A3 is the son of the petitioner and the petitioner's vehicle was seized during the course of the investigation.

¶3The petitioner who is not the accused in the said case, sought for return of the vehicle. The said petition came to be dismissed by the impugned order.

¶4The learned counsel for the petitioner submitted that the petitioner is not the accused; that his son is the third accused; and that since the petitioner is the owner of the vehicle, he is entitled for the interim custody of the said vehicle.

¶5The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner is not the accused and no confiscation proceedings has been initiated so far.

¶6Considering the fact that the petitioner is the owner of the vehicle and not an accused, this Court is inclined to set aside the impugned order. Accordingly, the impugned order passed in Crl.M.P.No.6094 of 2025 dated

09.02.2026 is set aside and the interim custody of the vehicle is directed to be Page3 of 4 handed over to the petitioner on the following conditions:

(i) The petitioner shall execute a personal bond for a sum of Rs.5,00,000/- (Rupees Five Lakhs only) with two sureties for a likesum to the satisfaction of the learned Judicial Magistrate, No.II, Court, Tiruvallur;

(ii) 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 learned Judicial Magistrate, No.II, Court, Tiruvallur, shall peruse the RC book and other records, retain a xerox copy of the same and return the original RC book to the petitioner;

(iii) 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.

¶7With the above observations and directions, this Criminal Revision Case is disposed of. 23-02-2026 Index: Yes/No Speaking/Non-speaking order gsk SUNDER MOHAN J. Page4 of 4 GSK To

¶1The Judicial Magistrate, No.II, Court, Tiruvallur.

¶2The Inspector of Police, manavalanagar police station, Tiruvallur District. 23-02-2026

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-02-2026 CORAM THE HON'BLE MR.JUSTICE SUNDER MOHAN Kumar S/o.Balaji, No.9, sri ram nagar, 9th street, phase III, sathuvachari, Vellore District. ..Petitioner(s) Vs The State Rep. by the Inspector of Police, manavalanagar police station, Tiruvallur District. (Crime No.186 of 2025) ..Respondent(s) PRAYER : Revision filed under Section 438 r/w. 442 of BNSS, to set-aside the order dated 09.02.2026 made in Crl.M.P.No.6094 of 2025 on the file of Judicial Magistrate, No.II, Court, Tiruvallur. For Petitioner(s): Mr.B.Vignesh For Respondent(s): Mr.R.Vinothraja Government Advocate(criminal Side)