P.Suppaiya @ Arumbu v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04.12.2025
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI P.Suppaiya @ Arumbu ... Petitioner Vs.
The Tamil Nadu State Rep. by The Inspector of police, Inamkulathur Police Station, Trichy District.
(Crime No.177 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to modify the condition imposed by the learned III Additional District Judge, Tiruchirappalli in Crl.R.C.No.41 of 2025 dated 14.11.2025 as the petitioner has to be furnished the bank guarantee for the value of the vehicle to the satisfaction of the learned Judicial Magistrate No.V, Tiruchirappalli. For Petitioner : Mr.K.Arunraj, Advocate For Respondent : Mr.S.Ravi, Additional Public Prosecutor 1/5
ORDER
This Criminal Original Petition has been filed to modify Condition No.2 imposed by the learned III Additional District and Sessions Judge, Tiruchirappalli, in Crl.R.C.No.41 of 2025, dated 14.11.2025.
2. The learned counsel for the petitioner submitted that on 16.07.2025, at about 4.00 p.m., the petitioner's tipper lorry bearing Registration No.TN 46 M 1928 (Ashok Leyland) was seized by the authorities alleging that four units of block stones were transported in the vehicle without any valid permit. Hence, a complaint was registered before the respondent police in Crime No.177 of 2025, dated 16.07.2025, for the alleged offences under Section 303(2) of the BNS read with Section 21(4) of the Mines and Minerals (Development and Regulation) Act, 1957. The respondent police seized the petitioner's vehicle and produced it before the learned Judicial Magistrate No.V, Tiruchirappalli, as a case property.
3. Thereafter, the petitioner preferred a petition in Cr.M.P.No.18427 of 2025 before the learned Judicial Magistrate No.V, Tiruchirappalli, seeking return of the property, which came to be dismissed on 30.07.2025. Aggrieved 2/5
by the same, the petitioner preferred a Criminal Revision Case in Crl.R.C. No.41 of 2025 before the learned III Additional District and Sessions Judge, Tiruchirappalli, and the same was allowed on 14.11.2025, subject to certain conditions. One of the conditions imposed was that the petitioner shall furnish a bank guarantee for the value of the petitioner's vehicle to the satisfaction of the learned Judicial Magistrate No.V, Tiruchirappalli.
4. It was further submitted that the value of the petitioner's vehicle is Rs.10,00,000/- (Rupees Ten Lakhs only), and the petitioner is finding it difficult to arrange a bank guarantee for the said amount. Hence, the present petition has been filed seeking modification of Condition No.2 imposed by the learned III Additional District and Sessions Judge, Tiruchirappalli.
5. Mr.S.Ravi, learned Additional Public Prosecutor appearing for the respondent, has not raised any objection to allow this Criminal Original Petition.
6. Heard the learned counsel appearing on either side and perused the materials available on record.
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7. In view of the above submissions, this Court is inclined to set aside Condition No.2 imposed by the learned III Additional District and Sessions Judge, Tiruchirappalli, in the order made in Crl.R.C.No.41 of 2025, dated 14.11.2025. Accordingly, the said Condition No.2 is set aside.
8. All other conditions imposed by the learned III Additional District and Sessions Judge, Tiruchirappalli, shall remain unaltered.
9. With the above modification, this Criminal Original Petition is allowed.
04.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No mkn To 1.The III Additional District and Sessions Court, Tiruchirappalli.
2.The Judicial Magistrate No.V, Tiruchirappalli.
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L.VICTORIA GOWRI, J.
mkn 04.12.2025 5/5