Madras High CourtCRL RC(MD)/595/2026disposed of

Sethupathi v. State Of Tamilnadu Rep By The Sub Inspector Of Police, Vengamedu

2026-04-08Honourable Mrs Justice L.Victoria Gowri8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 08/04/2026

CORAM

THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI Sethupathi ... Petitioner Vs State of Tamilnadu Rep by The Sub Inspector of Police, Vengamedu Police Station, Karur District.

(In Crime No. 125/2024).

... Respondent PRAYER :- To call for the records pertaining to the order passed in Crl.MP.No. 505/2025 on the file of the learned Judicial Magistrate No.I, Karur dated 18.03.2025 and modify the condition No.4 by directing the learned Judicial Magistrate No.1, Karur to accept the photo copy of the RC Book in respect of the petitioner's vehicle bearing registration No.TN 47 AA 4809 TATA ACE for releasing the vehicle.

For Petitioner : Mr. S.Gokulraj, Advocate.

For Respondent : Mr.S.Ravi Additional Public Prosecutor 1/8

ORDER

This Criminal Revision Petition is filed to call for the records relating to the order of the learned Judicial Magistrate No.I, Karur, in Crl.MP.No.505/2025 dated 18.03.2025 filed by the petitioner under Section 497 of BNSS and set aside the same as illegal and entrust the custody of the vehicle to the petitioner and allow the above Criminal Revision Petition.

2. The case of the prosecution is that the respondent filed a FIR in Crime No.125 of 2024 for an alleged offence under Sections 379 of IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, for illegal transport of sand through Taurus Lorry bearing registration No.TN 47 AA 4809. Subsequently, the petitioner's vehicle was seized. Thereafter, the petitioner filed Crl.MP.No.505/2025 for the return of vehicle before the learned Judicial Magistrate No.I, Karur, and the same was dismissed on 18.03.2025.

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3. The petitioner preferred this Criminal Revision Petition as against the order dated 18.03.2025 made in Crl.MP.No.505/2025 on the file of the learned Judicial Magistrate No.I, Karur, and to set aside the same.

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

5. The learned Additional Public Prosecutor appearing for the respondent, submitted that if the vehicle is returned to the petitioner, there is possibility for the vehicle to be used for the commission of similar offence and objected to grant interim custody of the vehicle to the petitioner.

6. The learned counsel appearing for the petitioner would submit that the vehicle bearing Registration No.TN 47 AA 4809 TATA ACE 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 3/8

vehicle will get deteriorated and the value of the vehicle would automatically stand diminished and therefore interim custody may be granted to the petitioner.

7. Considering 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 18.03.2025 passed in Crl.MP.No.505/2025 by the learned Judicial Magistrate No.I, Karur.

8. Accordingly, this Criminal Revision Case is allowed and the order dated 18.03.2025, passed in Crl.MP.No.505/2025 by the learned Judicial Magistrate No.I, Karur, is hereby set aside and the vehicle viz., Taurus Lorry bearing Registration No.TN 47 AA 4809, 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:- 4/8

(a) the petitioner is directed to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) as non-refundable deposit for the said vehicle to the credit of the Adyar Cancer Institute (Union Bank, Name: Cancer Institute (WIA), Account No: 149710011005477, IFSC Code:

UBIN0814971), Chennai;

(b)the petitioner shall execute a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only), with two sureties for a likesum to the satisfaction of the learned Judicial Magistrate No.I, Karur;

(c) The petitioner shall deposit the copy of RC Book of the vehicle before the learned Judicial Magistrate No.I, Karur. The petitioner is also directed to produce an affidavit submitting that the original RC Book is in the custody of the finance company and also produced a letter from the finance company concerned acknowledging the custody of the original RC Book in their office and the same reads as follows:

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The learned trial Court is directed to accept the same and direct the petitioner to produce the same once the loan is closed.

(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 6/8

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;

08.04.2026 Note: Issue order copy on 10.04.2026 pnn To 1.The Judicial Magistrate No.I, Karur.

2.The Sub Inspector of Police, Vengamedu Police Station, Karur District. (In Crime No. 125/2024) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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L. VICTORIA GOWRI, J pnn

ORDER

IN CRL RC(MD) No.595 of 2026 Date : 08/04/2026 8/8