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Madras High CourtCRL RC(MD)/465/2026allowed

M.Annakili v. State Of Tamilnadu Rep By Inspector Of Police, Thiruppachethi

2026-03-12Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.03.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M.Annakili ... Petitioner/Petitioner Vs.

State of Tamil Nadu rep. by The Inspector of Police, Thiruppachethi Police Station, Sivagangai District.

(Crime No.206 of 2025) ... Respondent PRAYER : Criminal Revision Case filed under Section 438 r/w 442 B.N.S.S., to call for the records in Crl.M.P.No.868 of 2025 on the file of the District Munsif cum Judicial Magistrate, Tiruppuvanam dated 03.03.2026.

For Petitioner : Mr.R.Venkatesan For Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl. Side)

ORDER

The Criminal Revision is directed against the order passed in Cr.M.P.No.868 of 2025 in Crime No.206 of 2025 dated 03.03.2026 on the file of the District Munsif cum Judicial Magistrate, Tiruppuvanam, dismissing the petition filed under Section 497 of B.N.S.S. 1/6

2. The petitioner claims to be the owner of the Hero Maestro Edge bearing Registration No.TN 63 BA 6215. The respondent police has registered a case in Crime No.206 of 2025 for the offences under Sections 4(1)(c), 4(1)(a) TN Prohibition (Amendment) Act and seized the above said vehicle for the illegal possession of prohibited liquor bottles. Thereafter, the petitioner filed Cr.M.P.No.868 of 2025 for return of vehicle before the learned District Munsif cum Judicial Magistrate, Tiruppuvanam, and the same was dismissed on 03.03.2026.

3. The petitioner preferred this Criminal Revision Petition as against the order dated 03.03.2026 made in Cr.M.P.No.868 of 2025 on the file of the learned District Munsif cum Judicial Magistrate, Tiruppuvanam, and to set aside the same.

4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

5. The learned Government Advocate (Criminal side) appearing for the respondent submitted that if the vehicle is returned to the 2/6

petitioner, there is possibility for the vehicle being used for the commission of similar offence and the petitioner is having sixteen previous cases similar in nature. Hence, he 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 63 BA 6215 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 that 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 03.03.2026 passed in Cr.M.P.No.868 of 2025 by the learned District Munsif cum Judicial Magistrate, Tiruppuvanam. 3/6

8. Accordingly, this Criminal Revision Case is allowed and the order dated 03.03.2026, passed in Cr.M.P.No.868 of 2025 by the learned District Munsif cum Judicial Magistrate, Tiruppuvanam, is hereby set aside and the vehicle viz., Hero Maestro Edge bearing Registration No.TN 63 BA 6215, 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:- (a) the petitioner is directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) as non-refundable to the credit of WAA Cornelia Sorabjee Lecture Series, A/C No.6687756541, IFSC Code:IDIB000H040;

(b)the petitioner shall execute a bond for a sum of Rs. 20,000/- (Rupees Thirty Thousand only), with two sureties for a likesum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Tiruppuvanam; (c) The petitioner shall produce the copy of RC Book of the vehicle before the learned District Munsif cum Judicial Magistrate, Tiruppuvanam. If the original RC Book is in the custody of the finance company, the petitioner shall 4/6

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 learned Trial Court once in a month i.e, on 1st Monday of every English calendar month;

12.03.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg 5/6

L.VICTORIA GOWRI ,J.

gbg To 1.The District Munsif cum Judicial Magistrate, Tiruppuvanam.

2.The Inspector of Police, Subramaniyapuram Police Station, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in Dated: 12.03.2026 6/6