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Sivachandran v. The State Of Tamilnadu Rep. By The Inspector Of Police

2026-06-25Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2026

CORAM:

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

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

Crime No.198 of 2026 ... Respondent PRAYER : Revision filed under Section 438 r/w 442 of BNSS, 2023 to call for the records pertaining to the order passed in Crl.M.P.No.345 of 2025 on the file of the Judicial Magistrate No.I, Thanjavur, dated 19.05.2026 and set aside the order and direct the respondent herein to grant the interim custody of the vehicle, viz., TATA Pickup Four Wheeler bearing Registration No.TN 49 AF 9230, which has been seized by the respondent herein in Crime No.198 of 2026.

For Petitioner : Mr.K.M.Karunakaran For Respondent : Mr.C.Susikumar Government Advocate (Crl.) 1/6

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.345 of 2025 dated 19.05.2026 filed by the petitioner under Section 497 & 503(2) of BNSS of 2023.

2. The case of the prosecution is that the respondent filed an FIR in Crime No.198 of 2026 for an alleged offence under Sections 303(2) of BNS, 2023 and Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957, for illegal transport of sand through TATA Pickup Four Wheeler bearing Registration No.TN 49 AF 9230. Subsequently, the petitioner's vehicle was seized. Thereafter, the petitioner filed Crl.M.P.No.345 of 2025 for the return of vehicle before the learned Judicial Magistrate No.I, Thanjavur, and the same was dismissed on 19.05.2026.

3. The petitioner preferred this Criminal Revision Petition as against the order dated 19.05.2026 made in Crl.M.P.No. 345 of 2025 on the file of the learned Judicial Magistrate No.I, Thanjavur, and to set aside the same. 2/6

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. He, however submitted that the petitioner has no previous case.

6. The learned counsel appearing for the petitioner would submit that the vehicle bearing Registration No. TN 49 AF 9230 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.

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 3/6

the revision thereby, setting aside the impugned order dated 19.05.2026 passed in Crl.M.P.No.345 of 2025 by the learned Judicial Magistrate No.I, Thanjavur.

8. Accordingly, this Criminal Revision Case is allowed and the order dated 19.05.2026, passed in Crl.M.P.No. 345 of 2025 by the learned Judicial Magistrate No.I, Thanjavur, is hereby set aside and the vehicle viz., TATA Pickup Four Wheeler bearing Registration No.TN 49 AF 9230, 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.50,000/- (Rupees Fifty 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.2,00,000/- (Rupees Two Lakhs only), with two sureties for a likesum to the satisfaction of the learned Judicial Magistrate No.I, Thanjavur, Thanjavur District; (c) The petitioner shall produce the original RC Book of the vehicle before the learned Judicial Magistrate No.I, Thanjavur, Thanjavur District. If 4/6

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;

(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. 25.06.2026 NCC : Yes / No Index : Yes / No Sm 5/6

L.VICTORIA GOWRI, J.

Sm TO:-

1. The Inspector of Police, Town West Police Station, Thanjavur District.

2.The Judicial Magistrate No.I, Thanjavur.

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

Order made in Dated 25.06.2026 6/6