Dharmadurai v. State Of Tamilnadu Rep By Inspector Of Police, Kk Nagar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09/06/2026

CORAM

THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI Dharmadurai ... Petitioner Vs State of Tamilnadu Rep by Inspector of Police, KK Nagar, (Law and Order) Police Station, Thiruchirappalli City.

(Crime No. 101 / 2026).

... Respondent PRAYER :- To call for the records and set aside the order, dated 01.06.2026 passed in Crl.M.P.No. 5440 of 2026 by learned Judicial Magistrate Court No.II, Thiruchirappalli and allow the above Criminal Revision Petition and to release the petitioner Tipper lorry bearing registration No.TN 63 AR 3537.

For Petitioner : Mr. Ramakrishnan S, Advocate.

For Respondent : Mr.C.Susikumar Government Advocate (Crl.Side) 1/7

ORDER

This Criminal Revision Petition is filed to set aside the order dated 01.06.2026 passed in Crl.M.P.No. 5440 of 2026 by learned Judicial Magistrate Court No.II, Thiruchirappalli filed by the petitioner under Section 497 of BNSS of 2023.

2. The case of the prosecution is that the respondent filed an FIR in Crime No.101 of 2026 for an alleged offence under Sections 303(2) of BNS and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, for illegal transport of mines through Tipper Lorry bearing registration No.TN 63 AR 3537. Subsequently, the petitioner's vehicle was seized. Thereafter, the petitioner filed Crl.M.P.No.5440 of 2025 for the return of vehicle before the learned Judicial Magistrate Court No.II, Thiruchirappalli, and the same was dismissed on 01.06.2026.

3. The petitioner preferred this Criminal Revision Petition as against the order dated 01.06.2026 made in Crl.M.P.No.5440 of 2025 on 2/7

the file of the learned Judicial Magistrate Court No.II, Thiruchirappalli, 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 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.

6. The learned counsel appearing for the petitioner would submit that the vehicle bearing Registration No. TN 63 AR 3537 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.

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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 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 01.06.2026 passed in Crl.M.P.No.5440 of 2025 by the learned Judicial Magistrate Court No.II, Thiruchirappalli.

8. Accordingly, this Criminal Revision Case is allowed and the order dated 01.06.2026, passed in Crl.M.P.No.5440 of 2025 by the learned Judicial Magistrate Court No.II, Thiruchirappalli, is hereby set aside and the vehicle viz., Tipper Lorry bearing Registration No.TN 63 AR 3537, 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 MANGAYAR MANGALAM, Account No. 12730100005505, IFSC Code : BARB0EGMORE (5th digit zero) Egmore Branch, Chennai;

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(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 Judicial Magistrate Court No.II, Thiruchirappalli;

(c) The petitioner shall produce the original RC Book of the vehicle before the learned Judicial Magistrate Court No.II, Thiruchirappalli. 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;

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(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. 09.06.2026 pnn To

1. Judicial Magistrate Court No.II, Thiruchirappalli.

2. The Inspector of Police, KK Nagar, (Law and Order) Police Station, Thiruchirappalli City. (Crime No. 101 / 2026).

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

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L. VICTORIA GOWRI, J.

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ORDER

IN CRL RC(MD) No.913 of 2026 Date : 09/06/2026 7/7