← Library
Madras High CourtCRL RC(MD)/1620/2025allowed

Sudhakar v. The State Of Tamilnadu

2026-06-15Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.06.2026

CORAM:

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

The State of Tamilnadu, Through the Inspector of Police, Manamadurai Police Station, Crime No.467/2025 U/s.303(2), 324(2) BNS, & 21(1) of Mines and Minerals Development Regulation Act.

... Respondent PRAYER : Revision filed under Section 438 r/w 442 of BNSS, 2023 to call for the entire relevant records of the impugned order passed by the learned Judicial Magistrate Court, Manamadurai in Crl MP No.4552/2025, dated 17.11.2025, and consequently set aside same as illegal and release the petitioner's Ashok Leyland Ltd vehicle bearing Registration No.TN 65 AZ 2830, with production of Xerox copy of the Registration certificate of the same vehicle, within a stipulated time that may be fixed by this Court. For Petitioner : Mr.D.Senthilkumar For Respondent : Mr.S.Ravi Additional Public Prosecutor 1/6

ORDER

This Criminal Revision Petition is filed to set aside the order of the learned Judicial Magistrate, Manamadurai, in Crl MP No.4552/2025, dated 17.11.2025 filed by the petitioner under Section 497 of BNSS of 2023.

2. The case of the prosecution is that the respondent filed an FIR in Crime No.467 of 2025 for an alleged offence under Sections 303(2), 324(2) BNS, & 21(1) of Mines and Minerals (Development & Regulation Act), 1957, for illegal transport of mines through Ashok Leyland Lorry bearing registration No.TN 65 AZ 2830. Subsequently, the petitioner's vehicle was seized. Thereafter, the petitioner filed Crl.M.P.No.4552 of 2025 for the return of vehicle before the learned Judicial Magistrate, Manamadurai, and the same was dismissed on 17.11.2025.

3. The petitioner preferred this Criminal Revision Petition as against the order dated 17.11.2025 made in Crl.M.P.No. 4552 of 2025 on the file of the learned Judicial Magistrate, Manamadurai, and to set aside the same.

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

2/6

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.

6. The learned counsel appearing for the petitioner would submit that the vehicle bearing Registration No. TN 65 AZ 2830 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 the revision thereby, setting aside the impugned order dated 17.11.2025 passed in Crl.M.P.No.4552 of 2025 by the learned Judicial Magistrate, Manamadurai. 3/6

8. Accordingly, this Criminal Revision Case is allowed and the order dated 17.11.2025, passed in Crl.M.P.No. 4552 of 2025 by the learned Judicial Magistrate, Manamadurai, is hereby set aside and the vehicle viz., Ashok Leyland Lorry bearing Registration No.TN 65 AZ 2830, 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.1,00,000/- (Rupees One Lakh only) as non-refundable deposit for the said vehicle to the credit of Mangayar Mangalam, Account No.12730100005505, IFSC Code: BARB0EGMORE, Egmore branch, Chennai;

(b) The petitioner shall execute a bond for a sum of Rs.8,00,000/- (Rupees Eight Lakhs only), with two sureties for a likesum to the satisfaction of the learned Judicial Magistrate, Manamadurai; (c) The petitioner shall produce the original RC Book of the vehicle before the learned Judicial Magistrate, Manamadurai. If 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.

4/6

(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. 15.06.2026 NCC : Yes / No Index : Yes / No Sml 5/6

L.VICTORIA GOWRI, J.

Sml TO:-

1. The Inspector of Police, Manamadurai Police Station, Sivagangai District.

2.The Judicial Magistrate, Manamadurai.

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

Order made in Dated 15.06.2026 6/6