Sivakumar v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.01.2026
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Sivakumar ... Petitioner Vs.
State represented by Inspector of Police, Udumalpet Police Station, Tiruppur District.
(Crime No.780 of 2025) ... Respondent Prayer: Criminal Revision Case filed under Section 438 r/w 442 of Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the order dated 02.01.2026 passed by the learned Judicial Magistrate No.1, Udumalpet in Crl.M.P.No.881 of 2025 in Crime No.780 of 2025. For Petitioner : Mr.L.Mouli For Respondent : Mr.R.Vinothraja Government Advocate (Crl. Side)
ORDER
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The revision challenges the dismissal of the petitioner's application seeking interim custody of his vehicle Tipper Lorry bearing Registration No.TN 99 Z 5747, seized during the course of investigation in Crime No.780 of 2025.
2. The petitioner is an accused of offence under Section 305 (e) of BNSS read with 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 for transporting stones worth about Rs.15,000/- without a valid license. The petitioner sought for return of vehicle before the learned Judicial Magistrate No.1, Udumalpet in Crl.M.P.No.881 of 2025, which came to be dismissed on 02.01.2026 on the ground that the petitioner is likely to commit similar offences and is likely to alienate the property if interim custody is handed over to the petitioner.
3. The learned counsel for the petitioner would submit that the petitioner had a valid permit and that the allegations suggest that the conditions of the permit to transport stones were violated and none of the offences are made out; that the petitioner has no bad antecedents and the vehicle is lying idle at the police station ever since the date of seizure on Page No.2 of 6
15.12.2025 and that he would abide by any stringent conditions if the vehicle is handed over to him.
4. The learned Government Advocate (Crl. Side) for the respondent would submit that the petitioner is an accused in this case and the investigation is still pending and approached the Court with the prayer for release of the vehicle.
5. Admittedly, the petitioner has no bad antecedents. It is the case of the petitioner that the allegations disclose only a violation of the permit. The vehicle is lying idle at the police station ever since the date of seizure and the petitioner is the owner of the vehicle.
6. Considering all the above facts, this Court is inclined to set aside the impugned order dated 02.01.2026 passed by the learned Judicial Magistrate No.1, Udumalpet in Crl.M.P.No.881 of 2025 in Crime No.780 of 2025. Accordingly, the impugned order is set aside and the respondent is directed to hand over the interim custody of the vehicle to the petitioner on the following conditions:- Page No.3 of 6
(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.1, Udumalpet; (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.1, Udumalpet, 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.
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(v) The return of property would be subject to the result of the confiscation proceedings, if any.
7. Accordingly, this Criminal Revision Case is allowed. 20.01.2026 Index : Yes/No Speaking Order/Non Speaking Order Mac SUNDER MOHAN, J.
Mac To
1. The Judicial Magistrate No.1, Udumalpet Page No.5 of 6
2. The Inspector of Police, Udumalpet Police Station, Tiruppur District.
3. The Public Prosecutor, High Court, Madras.
20.01.2026 Page No.6 of 6