CRL RC(MD). No.1154 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.1154 of 2026 Bharath, ... Petitioner Vs State of Tamilnadu Rep by Inspector of Police, Thirumayam Police Station, Pudukottai District. Crime No. 124 of 2026.. ... Respondent PRAYER :- Revision filed under Section 438 r/w 442 of BNSS, 2023, to call for the records and set aside the order dated 08.07.2026 passed in Crl.M.P.No.160 of 2026 on the file of the Learned Judicial Magistrate, Thirumayam, Pudukottai District and consequently direct the trial court to return the petitioner's BharatBenz 1217C Open Tipper vehicle bearing Registration No.TN 65 BH 4739 to the petitioner in Crime No.124 of 2026 on the file of respondent police. 1/8 https://www.mhc.tn.gov.in/judis CRL RC(MD). No.1154 of 2026 For Petitioner : Mr.Vigneshwaran M, For Respondent : Mr.D.Rajaboopathy, Government Advocate (Crl.Side) ORDER This Criminal Revision Petition is filed to set aside the order of the learned Judicial Magistrate, Thirumayam, Pudukottai District, in Crl.M.P.No. 160 of 2026 dated 08.07.2026 filed by the petitioner under Section 497 of BNSS of 2023 and consequently direct the trial court to return the petitioner's BharatBenz 1217C Open Tipper vehicle bearing Registration No.TN 65 BH 4739 to the petitioner in Crime No.124 of 2026 on the file of respondent police. 2. The case of the prosecution is that the respondent filed an FIR in Crime No.124 of 2026 for an alleged offence under Sections 303(2) of BNS, 2023 and Section 21(1) and (2) of the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act), for illegal transport of mines through BharatBenz 1217C Open Tipper vehicle bearing Registration No.TN 65 BH 4739. Subsequently, the petitioner's 2/8 https://www.mhc.tn.gov.in/judis CRL RC(MD). No.1154 of 2026 vehicle was seized. Thereafter, the petitioner filed Crl.M.P.No. 160 of 2026 for the return of vehicle before the learned Judicial Magistrate, Thirumayam, Pudukottai District and the same was dismissed on 08.07.2026. 3. The petitioner preferred this Criminal Revision Petition as against the order dated 08.07.2026 made in Crl.M.P.No.160 of 2026 on the file of the learned Judicial Magistrate, Thirumayam, Pudukottai District 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 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. 3/8 https://www.mhc.tn.gov.in/judis CRL RC(MD). No.1154 of 2026 6. The learned counsel appearing for the petitioner would submit that the vehicle bearing Registration No. TN 65 BH 4739 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 08.07.2026 passed in Crl.M.P.No.160 of 2026 by the learned Judicial Magistrate, Thirumayam, Pudukottai District. 8. Accordingly, this Criminal Revision Case is allowed and the order dated 08.07.2026, passed in Crl.M.P.No.160 of 2026 by the learned Judicial Magistrate, Thirumayam, Pudukottai District, is hereby set aside 4/8 https://www.mhc.tn.gov.in/judis CRL RC(MD). No.1154 of 2026 and the vehicle viz., BharatBenz 1217C Open Tipper vehicle bearing Registration No.TN 65 BH 4739, 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 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.8,00,000/- (Rupees Eight Lakhs only), with two sureties for a likesum to the satisfaction of the learned Judicial Magistrate, Thirumayam, Pudukottai District; (c) The petitioner shall produce the original RC Book of the vehicle before the learned Judicial Magistrate, Thirumayam, Pudukottai 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 5/8 https://www.mhc.tn.gov.in/judis CRL RC(MD). No.1154 of 2026 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 Trial Court once in a month i.e, on 1st Monday of every English calendar month. 13.07.2026 TTA 6/8 https://www.mhc.tn.gov.in/judis CRL RC(MD). No.1154 of 2026 TO 1. The Inspector of Police, Thirumayam Police Station, Pudukottai District. 2. The Judicial Magistrate, Thirumayam, Pudukottai District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 7/8 https://www.mhc.tn.gov.in/judis CRL RC(MD). No.1154 of 2026 L. VICTORIA GOWRI,J TTA ORDER IN CRL RC(MD) No.1154 of 2026 Date : 13/07/2026 8/8 https://www.mhc.tn.gov.in/judis