Thiruselvam v. The State Of Tamilnadu Through The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2026

CORAM:

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

The State of Tamilnadu, Rep. By the Sub Inspector of Police, Town East Police Station, Thanjavur District.

Crime No.213 of 2026 ... Respondent PRAYER : Revision filed under Section 438 r/w 442 of BNSS, 2023 to call for the records and set aside the order dated 15.06.2026 made in Crl.M.P.No.467 of 2025 on the file of the learned Judicial Magistrate No.I, Thanjavur. For Petitioner : Mr.C.Senthil Murugan For Respondent : Mr.C.Susikumar Government Advocate (Crl.Side)

ORDER

This Criminal Revision Petition is filed to set aside the order of the learned Judicial Magistrate No.I, Thanjavur, in Crl.M.P.No.467 of 2025 dated 15.06.2026 filed by the petitioner under Section 497 & 503 of BNSS of 2023. 1/6

2. The case of the prosecution is that the respondent filed an FIR in Crime No.213 of 2026 for an alleged offence under Sections 303(2) of BNS and Section 21(1) of the Mines and Minerals Act, for illegal transport of river sand, through Bullock Cart. Subsequently, the petitioner's bullocks were seized. Thereafter, the petitioner filed Crl.M.P.No.467 of 2025 for the return of vehicle before the learned Judicial Magistrate No.I, Thanjavur, and the same was dismissed on 15.06.2026.

3. The petitioner preferred this Criminal Revision Petition as against the order dated 15.06.2026 made in Crl.M.P.No.467 of 2025 on the file of the learned Judicial Magistrate No.I, Thanjavur, 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 there may be possibility for the commission of similar offence and objected to grant interim custody of the bullocks to the petitioner.

2/6

6. The learned counsel appearing for the petitioner submitted that the bullocks in question are owned by the petitioner and that he has no involvement in the offence alleged by the respondent police. It was further submitted that if the bullocks are kept in custody without being properly fed and maintained, their health would deteriorate, thereby diminishing their value and causing irreparable loss to the petitioner. Therefore, the learned counsel prayed that interim custody of the bullocks may be granted to the petitioner, subject to any conditions that may be imposed by this Court.

7. Considering the fact that if the bullocks are kept in custody without being properly fed and maintained, their health would deteriorate and that no purpose will be served in keeping the bullocks in custody, this Court is inclined to allow the revision thereby, setting aside the impugned order dated 15.06.2026 passed in Crl.M.P.No.467 of 2025 by the learned Judicial Magistrate No.I, Thanjavur.

8. Accordingly, this Criminal Revision Case is allowed and the order dated 15.06.2026, passed in Crl.M.P.No.467 of 2025 by the learned Judicial Magistrate No.I, Thanjavur, is hereby set aside and the vehicle viz., Bullock Cart, and the bullocks are ordered to be returned to the petitioner for interim custody subject to the confiscation proceedings to be taken by the concerned 3/6

Department or by the Court on the following conditions:- (a) The petitioner is directed to deposit a sum of Rs.1,000/- (Rupees One Thousand only) as non-refundable deposit for the said vehicle to the credit of Mangayar Mangalam, an organization contributing towards underprivileged women and children, A/C No.12730100005505, Branch: Egmore Branch, Chennai, IFSC Code:BARB0EGMORE;

(b) The petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties for a likesum to the satisfaction of the learned Judicial Magistrate No.I, Thanjavur; (c) 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 Trial Court as and when required;

23.06.2026 NCC : Yes / No Index : Yes / No Note: Issue order copy on 23.06.2026.

sm 4/6

TO:-

1. The Sub Inspector of Police, Town East Police Station, Thanjavur, Thanjavur District.

2.The Judicial Magistrate No.I, Thanjavur.

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

5/6

L.VICTORIA GOWRI, J.

Sm Order made in Dated 23.06.2026 6/6