Duraichi v. The State of Tamilnadu Rep by the Inspector of Police, Karivalamvanthannallur

ORDER The Criminal Revision is directed against the order passed in Cr.M.P.No.824 of 2026 in Crime No.168 of 2026 dated 02.07.2026 on the file of the Judicial Magistrate, Sankarankovil, Tenkasi District, dismissing the petition filed under Section 497 of B.N.S.S.

¶2The petitioner claims to be the owner of the JCB bearing Registration No.TN-79L-3624. The respondent police has registered a case in Crime No.168 of 2026 for the offences under Sections 323 of BNS r/w 21(1), 21(4) of Mines and Minerals (Development and Regulation) Act, 1957 on 03.06.2026 and seized the above said vehicle for the illegal transportation of mines. Thereafter, the petitioner filed Cr.M.P.No.824 of 2026 for return of vehicle before the learned Judicial Magistrate, Sankarankovil, Tenkasi District , and the same was dismissed on 02.07.2026.

¶3The petitioner preferred this Criminal Revision Petition as against the order dated 02.07.2026 made in Cr.M.P.No.824 of 2026 on the file of the learned Judicial Magistrate, Sankarankovil, Tenkasi District, and to set aside the same.

¶4Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

¶5The learned Government Advocate (Criminal side) appearing for the respondent submitted that if the vehicle is returned to the petitioner, there is possibility for the vehicle being used for the commission of similar offence and objected to grant interim custody of the vehicle to the petitioner.

¶6The learned counsel appearing for the petitioner would submit that the vehicle bearing Registration No.TN-79L-3624 is owned by the petitioner and he was not involved in any such offence as alleged by the respondent and if the vehicle is kept in open place, the vehicle will get deteriorated and the value of the vehicle would automatically stand diminished and that therefore interim custody may be granted to the petitioner.

¶7Considering the fact that if the vehicle is kept in open place exposing to sun and rain, the value of the vehicle will be deteriorated and no purpose will be served in keeping the vehicle in custody, this Court is inclined to allow the revision and thereby setting aside the impugned order dated 02.07.2026 passed in Crl.M.P.No.824 of 2026 by the learned Judicial Magistrate, Sankarankovil, Tenkasi District .

¶8Accordingly, this Criminal Revision Case is allowed and the order dated 02.07.2026, passed in Crl.M.P.No.824 of 2026 by the learned Judicial Magistrate, Sankarankovil, Tenkasi District, is hereby set aside and the vehicle viz., JCB bearing Registration No.TN-79L-3624, is ordered to be returned to the petitioner for interim custody subject to the confiscation proceedings to be taken by the concern Department or by the Court on the following conditions:-

(a) the petitioner is directed to deposit a sum of Rs. 1,00,000/- (Rupees One Lakh only) as non-refundable to the credit of Aishwaryam Trust, Indian Bank, Tirunagar Branch, Madurai, Account No.6639017788, IFSC Code: IDIB000T032;

(b)the petitioner shall execute a 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, Sankarankovil, Tenkasi District ;

(c) The petitioner shall produce the copy of RC Book of the vehicle before the learned Judicial Magistrate, Sankarankovil, Tenkasi District. If the original RC Book is in the custody of the finance company, the petitioner shall produce a photocopy of the RC Book, along with an affidavit stating that the original is with the finance company and a letter from the finance company acknowledging such custody.

(d)the petitioner shall give an undertaking before the respondent/ authority concerned stating that he will not use the vehicle in question for any illegal activities in future, failing which the respondent/trial Court is at liberty to confiscate the vehicle;

(e) the petitioner shall not alienate and shall not make any alteration in the vehicle;

(f) the petitioner shall produce the vehicle before the learned Trial Court once in a month i.e, on 1st Monday of every English calendar month; Consequently, connected Miscellaneous Petition is closed.

09.07.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg To

1.The Judicial Magistrate, Sankarankovil, Tenkasi District.

2.The Inspector of Police, Karivalamvanthanallur Police Station, Tenkasi District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. L.VICTORIA GOWRI ,J. gbg Dated: 09.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2026 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and Crl.M.P(MD)No.13460 of 2026 Duraichi ... Petitioner/Petitioner Vs. State of Tamil Nadu rep. by The Inspector of Police, Karivalamvanthanallur Police Station, TEnkasi District. (Crime No.168 of 2026) ... Respondent/Respondent PRAYER : Criminal Revision Case filed under Section 438 r/w 442 B.N.S.S., to call for the records and set aside the order passed in Cr.M.P.No.824 of 2026 dated 02.07.2026 on the file of the Learned Judicial Magistrate, Sankarankovil, Tenkasi District pertaining to Cr.No. 168 of 2026 on the file of the Respondent Police and direct the respondent to grant the interim custody of the petitioner's vehicle (JCB) bearing Registration No.TN-79L-3624 to the petitioner. For Petitioner : Mr.V.Muthuvelan For Respondent : Mr.D.Rajaboopathy Government Advocate (Crl. Side)