Suku v. State of Tamilnadu Rep by the Sub - Inspector of Police, Boothapandy

ORDER

This Criminal Revision Petition is filed to set aside the order of the learned District Munsif cum Judicial Magistrate, Bhoothapandy, in Crl.M.P. No. 246 of 2026 dated 13.07.2026 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.234 of 2026 for an alleged offence under Sections 303(2) of BNS and Section 21(1) of Mines and Mnerals (Development and Regulation) Act, 1957, for illegal transport of mines through Taurus Lorry bearing registration No.TN 36 AS 9183. Subsequently, the petitioner's vehicle was seized. Thereafter, the petitioner filed Crl.M.P. No. 246 of 2026 for the return of vehicle before the learned District Munsif cum Judicial Magistrate, Bhoothapandy, and the same was dismissed on 13.07.2026.

¶3The petitioner preferred this Criminal Revision Petition as against the order dated 13.07.2026 made in Crl.M.P. No. 246 of 2026 on the file of the learned District Munsif cum Judicial Magistrate, Bhoothapandy, 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 36 AS 9183 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 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 13.07.2026 passed in Crl.M.P. No. 246 of 2026 by the learned District Munsif cum Judicial Magistrate, Bhoothapandy.

¶8Accordingly, this Criminal Revision Case is allowed and the order dated 13.07.2026, passed in Crl.M.P. No. 246 of 2026 by the learned District Munsif cum Judicial Magistrate, Bhoothapandy, is hereby set aside and the vehicle viz., Taurus Lorry bearing Registration No.TN 36 AS 9183, 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 is directed to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) as non-refundable deposit for the said vehicle to the credit of the 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.8,00,000/- (Rupees Eight Lakhs only), with two sureties for a likesum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Bhoothapandy;

(c) The petitioner shall produce the original RC Book of the vehicle before the learned District Munsif cum Judicial Magistrate, Bhoothapandy. 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 Trial Court once in a month i.e, on 1st Monday of every English calendar month.

20.07.2026 pnn

L. VICTORIA GOWRI, J. pnn

To

¶1The District Munsif - cum - Judicial Magistrate, Bhoothapandy.

¶2The Sub - Inspector of Police, Boothapandy Police Station, Kanyakumari District. Crime No. 234 of 2026.

¶3The Additional Public Prosecutor, Madurai Bench of Madras HighCourt, Madurai. ORDER IN CRL RC(MD) No.1195 of 2026 Date : 20/07/2026 +

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20/07/2026 CORAM THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI Suku ... Petitioner Vs State of Tamilnadu Rep by The Sub - Inspector of Police, Boothapandy Police Station, Kanyakumari District. Crime No. 234 of 2026. ... Respondent PRAYER :- To call for the records and Set aside the order passed in Crl.M.P. No. 246 of 2026 by the District Munsif - cum - Judicial Magistrate, Bhoothapandy, dated 13.07.2026 and order interim custody of the Taras Lorry Bearing Registration No. TN-36-AS-9183 seized by the respondent on 16.06.2026. For Petitioner : Mr.Yogeswaran S, Advocate. For Respondent : Mr.D.Rajaboopathy Government Advocate (Crl.Side)