C.Sankar v. The State of Tamilnadu Rep by the Sub Inspector of Police, Marthandam

ORDER

This Criminal Revision Petition is filed to set aside the order of the learned Judicial Magistrate No.1, Kuzhithurai, in Crl.M.P.No. 242 of 2026 dated 08.06.2026 filed by the petitioner under Section 497 of BNSS of 2023.

¶2The case of the prosecution is that the respondent filed an FIR in Crime No.56 of 2026 for an alleged offence under Sections 303(2), of BNS and Section 21(1) of MDMR, for illegal transport of mines through tempo bearing registration No.TN 75 B 4507 and another vehicle. Subsequently, the petitioner's vehicle was seized. Thereafter, the petitioner filed Crl.M.P.No. 242 of 2026 for the return of vehicle before the learned Judicial Magistrate No.1, Kuzhithurai, and the same was dismissed on 08.06.2026.

¶3The petitioner preferred this Criminal Revision Petition as against the order dated 08.06.2026 made in Crl.M.P.No. 242 of 2026 on the file of the learned Judicial Magistrate No.1, Kuzhithurai, and to set aside the same.

¶4Heard the learned counsels on either side and carefully perused the materials available on record.

¶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 75 B 4507 is owned by the petitioner, he is a third party to this case 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 therefore interim custody of the vehicle 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 that no purpose will be served in keeping the vehicle in custody, this Court is inclined to allow the revision thereby, setting aside the impugned order dated 08.06.2026 passed in Crl.M.P.No. 242 of 2026 by the learned Judicial Magistrate No.1, Kuzhithurai.

¶8Accordingly, this Criminal Revision Case is allowed and the order dated 08.06.2026, passed in Crl.M.P.No. 242 of 2026 by the learned Judicial Magistrate No.1, Kuzhithurai, is hereby set aside and the vehicle viz., Tempo bearing Registration No.TN 75 B 4507, is ordered to be returned to the petitioner for interim custody subject to the confiscation proceedings to be taken by the concerned Department or by the Court on the following conditions:-

(a) The petitioner shall execute a bond for a sum of Rs.8,00,000/- (Rupees Eight Lakhs only), with two sureties for a likesum to the satisfaction of the learned Judicial Magistrate No.1, Kuzhithurai;

(b) The petitioner shall produce the original RC Book of the vehicle before the learned Judicial Magistrate No.1, Kuzhithurai. 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.

(c) 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;

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

(e) The petitioner shall produce the vehicle before the Trial Court once in a month i.e, on 1st Monday of every English calendar month.

16.07.2026 pnn To

¶1The Judicial Magistrate No.1, Kuzhithurai.

¶2The Sub Inspector of Police, Marthandam Police Station, Kanniyakumari District. (Crime No.56 of 2026).

¶3The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ooooooooooooooooooooooooooooooooL.oVICTORIAoGOWRI,oJ pnn ooooooooooooooooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooooooooooORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooCRLoRC(MD)oNo.1177oofo2026 ooooooooooooooooooooooooooooooDateoo:o16/07/2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 16/07/2026 CORAM THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI C.Sankar ... Petitioner Vs The State of Tamilnadu Rep By the Sub Inspector of Police, Marthandam, Police Station, Kanniyakumari District. (Crime No.56 of 2026). ... Respondent PRAYER :- To call for the records and set aside the order passed in Crl.M.P.No. 242 of 2026 on the file of Judicial Magistrate No.1, Kuzhithurai dated 08.06.2026 and allow this revision. For Petitioner : Mr. P.Sonu, Advocate. For Respondent : Mr.D.Rajaboopathy Government Advocate (Crl.Side)