Crl.R.C.(MD)No.1065 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2026 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.R.C.(MD)No.1065 of 2026 Muruganantham ... Petitioner/2nd Accused Vs. State of Tamil Nadu rep. by The Inspector of Police, Somarasampettai Police Station, Tiruchirappalli District. (Crime No.260 of 2026) ... Respondent/Complainant PRAYER : Criminal Revision Case filed under Section 438 r/w 442 B.N.S.S., to call for the records pertaining to the order made in Crl.M.P. No.6206 of 2026 on the file of the Judicial Magistrate No.V, Tiruchirappalli dated 18.06.2026 and set aside the same. For Petitioner : Mr.D.S.Haroon Rasheed For Respondent : Mr.D.Rajabooopathy Government Advocate (Crl. Side) ORDER The Criminal Revision is directed against the order passed in Cr.M.P.No.6206 of 2026 in Crime No.260 of 2026 dated 18.06.2026 on 1/6 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)No.1065 of 2026 the file of the Judicial Magistrate No.V, Tiruchirappalli, dismissing the petition filed under Section 497 of B.N.S.S. 2. The petitioner claims to be the owner of the Auto bearing Registration No.TN 48 BL 2604. The respondent police has registered a case in Crime No.260 of 2026 for the offences under Section 4(1)(c) of Tamil Nadu Prohibition Act and seized the above said vehicle for the illegal transportation of liquor bottles. Thereafter, the petitioner filed Cr.M.P.No.6206 of 2026 for return of vehicle before the learned Judicial Magistrate No.V, Tiruchirappalli, and the same was dismissed on 18.06.2026. 3. The petitioner preferred this Criminal Revision Petition as against the order dated 18.06.2026 made in Cr.M.P.No.6206 of 2026 on the file of the learned Judicial Magistrate No.V, Tiruchirappalli, and to set aside the same. 4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent. 2/6 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)No.1065 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 48 BL 2604 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 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 18.06.2026 passed in Crl.M.P.No.6206 of 2026 by the learned Judicial Magistrate No.V, Tiruchirappalli. 3/6 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)No.1065 of 2026 8. Accordingly, this Criminal Revision Case is allowed and the order dated 18.06.2026, passed in Crl.M.P.No.6206 of 2026 by the learned Judicial Magistrate No.V, Tiruchirappalli, is hereby set aside and the vehicle viz., Auto bearing Registration No.TN 48 BL 2604, 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.10,000/- (Rupees Ten Thousand only) as non-refundable to the credit of Aishwaryam Trust, Indian Bank, Tirunagar Branch, Madurai, Account No.6639017788, IFSC Code: IDIB000T032; (b)the petitioner shall execute a bond for a sum of Rs. 20,000/- (Rupees Thirty Thousand only), with two sureties for a likesum to the satisfaction of the learned Judicial Magistrate No.V, Tiruchirappalli; (c) The petitioner shall produce the copy of RC Book of the vehicle before the learned Judicial Magistrate No.V, Tiruchirappalli. If the original RC Book is in the custody 4/6 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)No.1065 of 2026 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. (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 learned Trial Court once in a month i.e, on 1st Monday of every English calendar month; 01.07.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg 5/6 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)No.1065 of 2026 L.VICTORIA GOWRI ,J. gbg To 1.The Judicial Magistrate IV(FAC) Court, Madurai. 2.The Inspector of Police, Subramaniyapuram Police Station, Madurai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Order made in Crl.R.C.(MD)No.1065 of 2026 Dated: 01.07.2026 6/6 https://www.mhc.tn.gov.in/judis