CRL RC(MD). No.576 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 01/04/2026 CORAM THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI CRL RC(MD). No.576 of 2026 Selva Micheal Thurai ... Petitioner Vs State of Tamilnadu Rep by Inspector of Police, Suchindram Police Station, Kaniyakumari District. Crime No.362/2025. ... Respondent PRAYER :- To Call for the records relating to the impugned order passed in Crl MP No.3148/2025 on the file of the learned Judicial Magistrate No.III, Nagercoil dated 11.03.2026 and to set aside the same as illegal. For Petitioner : M/s. K. Sasiprabha, Advocate. For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/7 https://www.mhc.tn.gov.in/judis CRL RC(MD). No.576 of 2026 ORDER This Criminal Revision Petition is filed to call for the records relating to the order of the learned Judicial Magistrate No.III, Nagercoil, in Crl MP No.3148/2025 dated 11.03.2026 filed by the petitioner under Section 497 of BNSS and set aside the same as illegal and entrust the custody of the vehicle to the petitioner and allow the above Criminal Revision Petition. 2. The case of the prosecution is that the respondent registered a FIR in Crime No.362 of 2025 for an alleged offence under Section 303(2) and 21(1) of Mines and Minerals (Development and Regulation) Act, 1947, for having involved in the commission of the alleged offence through TATA ACE MEGA Tempo Van bearing registration No.TN 74 AP 8150. Subsequently, the petitioner's vehicle was seized. Thereafter, the petitioner filed Crl MP No.3148/2025 for the return of vehicle before the learned Judicial Magistrate No.III, Nagercoil, and the same was dismissed on 11.03.2026. 3. The petitioner preferred this Criminal Revision Petition as against the order dated 11.03.2026 made in Crl MP No.3148/2025 on the 2/7 https://www.mhc.tn.gov.in/judis CRL RC(MD). No.576 of 2026 file of the learned Judicial Magistrate No.III, Nagercoil, 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 Mr.M.Sakthi Kumar, 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 74 AP 8150 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 may be granted to the petitioner. 3/7 https://www.mhc.tn.gov.in/judis CRL RC(MD). No.576 of 2026 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 no purpose will be served in keeping the vehicle in custody, this Court is inclined to allow the revision and thereby setting aside the impugned order dated 11.03.2026 passed in Crl MP No.3148/2025 by the learned Judicial Magistrate No.III, Nagercoil. 9. Accordingly, this Criminal Revision Case is allowed and the order dated 11.03.2026, passed in Crl MP No.3148/2025 by the learned Judicial Magistrate No.III, Nagercoil, is hereby set aside and the vehicle viz., Taurus Lorry bearing Registration No.TN 74 AP 8150, 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.2,000/- (Rupees Two Thousand only) as non-refundable deposit for the said vehicle to the credit of the Adyar Cancer Institute (Union Bank, Name: Cancer Institute (WIA), 4/7 https://www.mhc.tn.gov.in/judis CRL RC(MD). No.576 of 2026 Account No: 149710011005477, IFSC Code: UBIN0814971), Chennai; (b)the petitioner shall execute a bond for a sum of Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand only), with two sureties for a likesum to the satisfaction of the learned Judicial Magistrate No.III, Nagercoil; (c) The petitioner shall deposit the copy of RC Book of the vehicle before the learned Judicial Magistrate No.III, Nagercoil. The petitioner is also directed to produce an affidavit submitting that the original RC Book is in the custody of the finance company and also produced a letter from the finance company concerned acknowledging the custody of the original RC Book in their office; (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; 5/7 https://www.mhc.tn.gov.in/judis CRL RC(MD). No.576 of 2026 (e) the petitioner shall not alienate and shall not make any alteration in the vehicle; (f) the petitioner shall produce the vehicle before the learned Trial Court once in a month i.e, on 1st Monday of every English calendar month; 01.04.2026 NCC : yes / no Index : yes / no Note: issue order copy on 06.04.2026 pnn To 1.The Judicial Magistrate No.III, Nagercoil. 2.The Inspector of Police, Suchindram Police Station, Kaniyakumari District. Crime No.362/2025. 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. 6/7 https://www.mhc.tn.gov.in/judis CRL RC(MD). No.576 of 2026 L. VICTORIA GOWRI,J pnn ORDER IN CRL RC(MD) No.576 of 2026 Date : 01/04/2026 7/7 https://www.mhc.tn.gov.in/judis