Muruganantham v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Muruganantham ... Petitioner Vs.

State of Tamilnadu, The Inspector of Police, Thathaiyangar Police Station, Trichy District.

(Crime No.22 of 2025) ... Respondent PRAYER: Criminal Revision Petition is filed under Section 438 r/w 442 of BNSS, 2023, to call for the records made in Cr.M.P.No.159 of 2025 on the file of the learned Judicial Magistrate, Thuraiyur, filed by the petitioner under Sections 497 and 503 of BNSS, 2023 for return of vehicle and set aside the dismissal order dated 24.04.2025. For Petitioner : Mr.P.Surliraja For Respondent : Mr.S.S.Manoj, Government Advocate (Criminal side)

ORDER

This Criminal Revision Petition is filed to call for the records relating to the order of the learned Judicial Magistrate, Thuraiyur, in 1/7

Cr.M.P.No.159 of 2025 dated 24.04.2025 and set aside the same and entrust the custody of the vehicle to the petitioner.

2. The case of the prosecution is that the respondent filed a FIR in Crime No.22 of 2025, under Section 303(1) of BNS and 21(4) of the Mines and Minerals (Development & Regulations) Act, 1957, for illegal transport of sand through tipper lorry bearing registration No.TN-28AM-0869. Subsequently, the petitioner's vehicle was seized. Thereafter, the petitioner filed Cr.M.P.No.159 of 2025 for the return of vehicle before the learned Judicial Magistrate, Thuraiyur, and the same was dismissed on 24.04.2025.

3. The petitioner preferred this Criminal Revision Petition as against the order dated 24.04.2025 made in Cr.M.P.No.159 of 2025 on the file of the learned Judicial Magistrate, Thuraiyur, and to set aside the same.

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

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5. The learned Government Advocate (Criminal side) appearing for the respondent Mr.S.S.Manoj, 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-28-AM-0869 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 may be granted to the petitioner. He further submitted that the original R.C. Book of the vehicle involved has already been surrendered before the Judicial Magistrate, Thuriyur, in Crl.M.P.No.4082 of 2023 and the petitioner may be permitted to produce the Xerox copy of the RC book before the learned Trial Court.

7. Considering the fact that there is no previous case as against the petitioner and also 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 3/7

Court is inclined to allow the revision and thereby setting aside the impugned order dated 24.04.2025 passed in Crl.M.P.No.159 of 2025 by the learned Judicial Magistrate, Thuraiyur.

8. Accordingly, this Criminal Revision Case is allowed and the order dated 24.04.2025 passed in Cr.M.P.No.159 of 2025 by the learned Judicial Magistrate, Thuraiyur, is hereby set aside and the vehicle viz., Tipper Lorry bearing Registration No.TN-28-AM-0869, 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.75,000/- (Rupees Seventy Five Thousand only) as non-refundable deposit for the said vehicle to the credit of the RAY OF LIGHT FOUNDATION, Bank Name: HDFC BANK, A/c No: 50100078904233, A/c Name: Ray of Light Foundation, Branch: HABIBULLAH ROAD, T NAGAR, CHENNAI, IFSC code: HDFC0001864;

(b) the petitioner shall execute a bond for a sum of Rs.3,00,000/- (Rupees Three Lakhs only), with two sureties for a likesum to the satisfaction of the learned Judicial Magistrate, Thuraiyur ; (c) As the petitioner has already deposited the original 4/7

Registration Certificate of the vehicle before the learned Judicial Magistrate, Thuraiyur, in Crl.M.P.No.4082 of 2023, the same may be received by the learned Trial Court for this case also ;

(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 Court and before the respondent police as and when required; 02.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Mrn 5/7

To 1.The Judicial Magistrate, Thuraiyur.

2.The Inspector of Police, Thathaiyangar Police Station, Trichy District.

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

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L.VICTORIA GOWRI, J., Mrn 02.07.2025 7/7