Vallinayagam v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.08.2025

CORAM

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

State of Tamil Nadu rep. by The Inspector of Police, Sivanthipatti Police Station, Tirunelveli District.

(Crime No.293 of 2025) ... Respondent PRAYER : Criminal Revision Case filed under Section 438 r/w 442 B.N.S.S., to call for the records pertaining to the order dated 15.07.2025 made in Crl.MP.No.3014 of 2025 on the file of Learned Judicial Magistrate Court-III, Tirunelveli and set aside the order and direct the respondent herein to grant the interim custody of the vehicle viz., Ashok Leyland Tipper Lorry bearing Registration No.TN 69 L 0600, which has been seized by the respondent herein in Crime No.293 of 2025. For Petitioner : Mr.V.M.Jegadeesha Pandian For Respondent : Mr.S.S.Manoj Government Advocate (Crl. Side) 1/7

ORDER

The Criminal Revision is directed against the order passed in Crl.M.P.No.3014 of 2025 in Crime No.293 of 2025 dated 15.07.2025 on the file of the Judicial Magistrate No.III, Tirunelveli, dismissing the petition filed under Section 497 of B.N.S.S.

2. The petitioner claims to be the owner of the Ashok Leyland Tipper bearing Registration No.TN 69 L 0600. The respondent police has registered a case in Crime No.293 of 2025 for the offences under Sections 303(2) of BNS on 16.06.2025 and seized the above said vehicle for illegal transportation of sand and the same was produced before the concerned Court and the same came to be remanded and the same is under the custody of the respondent police.

3. It is not in dispute that the petitioner has approached the learned Judicial Magistrate No.III, Tirunelveli, for returning of the said vehicle in Crl.M.P.No.3014 of 2025 and the learned Judicial Magistrate, vide order dated 15.07.2025, has dismissed the petition. Aggrieved by the order of dismissal, the petitioner has now come forward with the present revision.

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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 would submit that the petitioner is the owner of the vehicle and he is one of the accused in this case.

6. The learned counsel appearing for the petitioner would submit that the vehicle bearing Registration No.TN 69 L 0600 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 facts and circumstances of the case 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 3/7

keeping the vehicle in custody, this Court is inclined to allow the revision and thereby setting aside the impugned order dated 15.07.2025 passed in Crl.M.P.No.3014 of 2025, by the learned Judicial Magistrate No.III, Tirunelveli.

8. Accordingly, this Criminal Revision Case is allowed and the order dated 15.07.2025 passed in Crl.M.P.No.3014 of 2025 by the learned Judicial Magistrate No.III, Tirunelveli, is hereby set aside and the vehicle/ Ashok Leyland Tipper Lorry bearing Registration No.TN 69 L 0600, 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.1,50,000/- (Rupees One Lakh and Fifty Thousand only) as nonrefundable deposit for the said vehicle to the credit of the Adyar Cancer Institute (Union Bank, Name: Cancer Institute (WIA), Account No: 149710011005477, IFSC Code: UBIN0814971), Chennai;

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(b) the petitioner shall execute a bond for a sum of Rs.4,00,000/- (Rupees Four Lakhs only), with two sureties for a likesum to the satisfaction of the learned Judicial Magistrate No.III, Tirunelveli;

(c) Since the original RC book has been deposited in Crime No.6 of 2022 which is now pending trial in Spl.S.C.No.187 of 2023 on the file of the Principal District Court, Tirunelveli, the petitioner shall deposit the xerox copy of the RC book of the vehicle before the learned Judicial Magistrate No.III, Tirunelveli ;

(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 Court on first working day of every English Calendar month until further orders.

11.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg To 1.The Judicial Magistrate No.III, Tirunelveli.

2.The Inspector of Police, Sivanthipatti Police Station, Tirunelveli District.

3.Cancer Institute (WIA) (Adayar Cancer Institute), Dr. S. Krishnamurthi campus - 38 Sardar Patel Road, Adjacent to I.I.T. Madras, Chennai - 600 036.

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

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L.VICTORIA GOWRI ,J.

gbg Order made in Dated: 11.08.2025 7/7