Meganathan v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-12-2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN

1. Meganathan Petitioner(s) Vs

1. The State Rep By, The Inspector of Police Kannamangalam Police Station, Thiruvannamalai District. Crime NO.146 of 2025 Respondent(s) PRAYER To set aside and modify the condition No.1 and 2 in Crl.MP.No.13711 of 2025 on the file of the Judicial Magistrate Court No.1, Vellore Order dated 06.12.2025.

For Petitioner(s):

S.L.Venkatesan For Respondent(s):

Dr.C.E.Pratap, Government Advocate (Crl.Side)

ORDER

The Criminal Revision Case has been filed challenging the conditions

imposed by the learned Judicial Magistrate No.I, Vellore, while allowing the petitioner's application seeking interim custody of his lorry bearing Registration No.TN-38-AC-4735, which was seized in Crime No.146 of 2025. 2.

An FIR was registered on 06.07.2025 in Crime No.146 of 2025 for the offences under Sections 303(2) and 326(a) of the BNS, alleging that the petitioner had illegally transported two units of gravel sand without permission. 3.

During investigation, the petitioner's four-wheeler, namely Ashok Leyland Tipper Lorry bearing Registration No.TN-38-AC-4735, was seized. The petitioner sought return of the vehicle, but the learned Magistrate initially dismissed the petition on the ground that the vehicle was liable for confiscation and that confiscation proceedings had been initiated. 4.

Subsequently, the petitioner sought interim custody of the vehicle, which was allowed by the learned Magistrate. However, the petitioner is aggrieved by conditions 10(i) and 10(ii), which read as follows:- " (i) The petitioner shall deposit a sum of Rs.1,00,000/- (Rupees one lakh only) before the District Mines and Minerals foundation Trust, Vellore as non-refundable deposit.

(ii) The petitioner shall appear and execute a

personal bond of Rs.10,00,000/- (Rupees Ten lakh only) with two sureties for a likesum with solvency certificate obtained from the Tahsildar for the satisfaction of this court."

According to the learned counsel for the petitioner, these conditions are onerous, and since the petitioner is unable to comply with them, the vehicle continues to lie idle in an open space at the police station since its seizure. 5.

Heard the learned Government Advocate (Crl.side) appearing for the respondent.

6. Considering the submissions of the learned counsel for the petitioner, this Court is inclined to set aside conditions 10(i) and 10(ii) and impose modified conditions.

7.

Accordingly, this Criminal Revision Case is allowed. The impugned order dated 06.12.2025 passed by the learned Judicial Magistrate No.I, Vellore, in Crl.M.P.No.13711 of 2025 in Crime No.146 of 2025, insofar as conditions 10(i) and 10(ii) are concerned, is set aside. The respondent is directed to return the vehicle, viz., Ashok Leyland Tipper Lorry bearing

Registration No.TN-38-AC-4735, to the petitioner, subject to the following condition:

(i) The petitioner shall execute a personal bond for a sum of Rs.3,00,000/- (Rupees Three Lakhs only) with two sureties for a like sum, to the satisfaction of the learned Judicial Magistrate No.I, Vellore.

The other conditions imposed by the learned Judicial Magistrate No.I, Vellore shall stand unaltered.

19-12-2025 skr Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The State Rep By, The Inspector of Police Kannamarsalam Police Station, Thiruvannamalai District. Crime NO.146 of 2025

SUNDER MOHAN J.

skr 19-12-2025