CRL RC(MD). No.1150 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13/07/2026 CORAM THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI CRL RC(MD). No.1150 of 2026 Sivakumar, ... Petitioner Vs State of Tamilnadu Rep by Inspector of Police, Anjugramam Police Station, Kanyakumari District. Crime No. 67 of 2022.. ... Respondent PRAYER :- To call for the records and to set aside the order passed in Crl.MP.No.1579 of 2026 on the files of the Learned Principal Sessions Judge, Kanniyakumari District at Nagercoil dated 10.06.2026 in Crime No.67 of 2022 on the file of the respondent Anjugramam Police Station and to relax the condition imposed by the learned Principal Sessions Judge, Kanniyakumari District at Nagercoil in Crl.M.P.No.1238 of 2022 dated 21.03.2022. For Petitioner : Mr.SC.Herold Singh, For Respondent : Mr.D.Rajaboopathy, Government Advocate (Crl.Side) 1/7 https://www.mhc.tn.gov.in/judis CRL RC(MD). No.1150 of 2026 ORDER Challenging the impugned order passed by the learned Principal Sessions Judge, Kanniyakumari District at Nagercoil in Crl.M.P.No.1579 of 2026 dated 10.06.2026, the present Criminal Revision Case has been filed. 2. The learned counsel for the petitioner submitted that the FIR in Crime No.67 of 2022 has been registered by the respondent police for the alleged offences under Section 379 of IPC (303(2) of BNS) Section 21(1) of the Mines and Minerals (Development & Regulation) Act, 1957 and Section 3 of the Tamilnadu Public Property (Prevention of Damage and Loss) Act, 1992. Thereafter, the petitioner's vehicle was confiscated by the respondent police and the same was produced before the learned Judicial Magistrate Court No.III, Nagercoil in R.P.No.145 of 2022. 3. The petitioner had approached the learned Principal Sessions Judge, Kanniyakumary District at Nagercoil in Crl.M.P.No.1238 of 2022 praying for release of vehicle and the learned Judge by an order dated 21.03.2022 allowed the petition with a condition to produce the vehicle 2/7 https://www.mhc.tn.gov.in/judis CRL RC(MD). No.1150 of 2026 before the learned Judicial Magistrate Court No.III, Nagercoil on the first working day of every calendar month. The above said order is complied with by the petitioner without fail for the past 4 years. 4. He further submitted that the said crime was improperly investigated and culminated in the filing of a final report, which has been taken on file by the learned Judicial Magistrate No. III, Nagercoil, in C.C. No. 393 of 2023 and the case is pending. In the meantime, the petitioner filed Crl.M.P.No. 1579 of 2026 before the learned Principal Sessions Judge, Kanniyakumari District at Nagercoil, seeking relaxation of the aforesaid condition. The said petition was dismissed by order dated 10.06.2026. Aggrieved by the said order, the present Criminal Revision Case has been filed. 5. The learned counsel for the petitioner submitted that the petitioner has been complying with the condition without any default for the past four years. However, the petition seeking relaxation of the condition was dismissed on the ground that the petitioner had committed default in complying with the condition for a period of six months. Hence, he sought the indulgence of this Court. 3/7 https://www.mhc.tn.gov.in/judis CRL RC(MD). No.1150 of 2026 6. Mr.D.Rajaboopathy, learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the impugned order was passed only after receiving the report from the learned Judicial Magistrate No.III, Nagercoil, which revealed that the petitioner had complied with the condition from 02.05.2022 to 04.05.2026 except on 01.10.2023, 01.06.2025, 01.09.2025, 01.10.2025, 01.03.2026 and 01.06.2026. Hence, he prays for dismissal of the Criminal Revision Case. 7. In view of the strong objection made by the learned Government Advocate (Crl.Side) stating that the impugned order was passed refusing to relax the condition imposed on the petitioner in Crl.M.P.No. 1579 of 2026 dated 10.06.2026 and there is no infirmity in the order and sought for dismissal of the Criminal Revision Case. 8. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record. 4/7 https://www.mhc.tn.gov.in/judis CRL RC(MD). No.1150 of 2026 9. A careful perusal of the impugned order reveals that the petitioner has complied with the condition for nearly four years, except for a default of six days. 10. In view of the above, the impugned order passed by the learned Principal Sessions Judge, Kanniyakumari District at Nagercoil in Crl.M.P.No.1579 of 2026 dated 10.06.2026, is hereby set aside. The petitioner is directed to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) to the District Legal Services Authority, Nagercoil, on or before 27.07.2026. 11. Post the matter on 29.07.2026 for reporting compliance. 13.07.2026 tta 5/7 https://www.mhc.tn.gov.in/judis CRL RC(MD). No.1150 of 2026 TO 1. The Principal Sessions Court, Kanniyakumari District at Nagercoil 2. The Inspector of Police, Anjugramam Police Station, Kanniyakumari District. 6/7 https://www.mhc.tn.gov.in/judis CRL RC(MD). No.1150 of 2026 L. VICTORIA GOWRI,J tta ORDER IN CRL RC(MD) No.1150 of 2026 Date : 13/07/2026 7/7 https://www.mhc.tn.gov.in/judis