M.Chandran v. State Of Tamilnadu Rep By Inspector Of Police, Kollidam
CRL RC(MD)/555/2026 · 2026-03-27
L Victoria Gowri
Transfer Petitionbody2026
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Judgment text
Extracted from the PDF above. The PDF is authoritative.
Crl.R.C.(MD)No.555 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2026
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.R.C.(MD)No.555 of 2026 M.Chandran ... Petitioner Vs. The State of Tamilnadu, Rep. By the Inspector of Police, Kollidam Police Station, Trichy District. Crime No.20 of 2026
... Respondent PRAYER : Revision filed under Section 438 r/w 442 of BNSS, 2023 to call for the records relating to the order passed in Crl.M.P.No.139 of 2026 on the file of the Judicial Magistrate, Srirangam, Trichy District dated 10.03.2026, and set aside the same and consequently, grant interim custody of the vehicle bearing Registration No.TN 57 CC 4025 to the petitioner. For Petitioner : Mr.C.Prithviraj For Respondent : Mr.M.Sakthi Kumar Government Advocate
ORDER This Criminal Revision Petition is filed to set aside the order of the learned Judicial Magistrate, Srirangam, Trichy District, in Crl.M.P.No.139 of 1/6 https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD)No.555 of 2026 2026 dated 10.03.2026 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.20 of 2026 for an alleged offence under Sections 303(2) of BNS, 2023 and Section 21(1) of the Mines and Minerals (Development & Regulation) Act, 1957, for illegal transport of mines through Lorry bearing registration No.TN 57 CC 4025. Subsequently, the petitioner's vehicle was seized. Thereafter, the petitioner filed Crl.M.P.No.139 of 2026 for the return of vehicle before the learned Judicial Magistrate, Srirangam, Trichy District, and the same was dismissed on 10.03.2026.
3. The petitioner preferred this Criminal Revision Petition as against the
order dated 10.03.2026 made in Crl.M.P.No. 139 of 2026 on the file of the learned Judicial Magistrate, Srirangam, Trichy District, and to set aside the same. 4. Heard the learned counsels on either side and carefully perused the materials available on record. 2/6 https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD)No.555 of 2026
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 57 CC 4025 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 10.03.2026 passed in Crl.M.P.No.139 of 2026 by the learned Judicial Magistrate, Srirangam, Trichy District. 3/6 https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD)No.555 of 2026
8.
Accordingly, this Criminal Revision Case is allowed and the order dated 10.03.2026, passed in Crl.M.P.No. 139 of 2026 by the learned Judicial Magistrate, Srirangam, Trichy District, is hereby set aside and the vehicle viz., Lorry bearing Registration No.TN 57 CC 4025, 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 WAA Cornelia Sorabjee Lecture Series, A/C No.6687756541, IFSC Code:IDIB000H040; (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, Srirangam, Trichy District; (c) The petitioner shall produce the original RC Book of the vehicle before the learned Judicial Magistrate, Srirangam, Trichy District. 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 https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD)No.555 of 2026 (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. 27.03.2026 NCC : Yes / No Index : Yes / No Sm 5/6 https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD)No.555 of 2026 L.VICTORIA GOWRI, J. Sm TO:-
1. The Inspector of Police, Kollidam Police Station, Trichy District.
2.The Judicial Magistrate, Srirangam, Trichy District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Order made in Crl.R.C.(MD)No.555 of 2026 Dated 27.03.2026 6/6 https://www.mhc.tn.gov.in/judis