Crl.R.C.(MD)No.1165 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.07.2026 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.R.C.(MD)No.1165 of 2026 Monish ... Petitioner/Petitioner/ Accused/Owner of the Vehicle Vs. State of Tamil Nadu rep. by The Sub Inspector of Police, Kaliyakkavilai Police Station, Kanyakumari District. (Crime No.33 of 2026) ... Respondent/Respondent/ Complainant PRAYER : Criminal Revision Case filed under Section 438 r/w 442 B.N.S.S., to call for the order refusal of return of vehicle passed in Crl.M.P.No.248 of 2026 dated 06.06.2026 on the file of the Learned Judicial Magistrate No. I, Kuzhithurai in connection with Crime No.33 of 2026 on the file of the respondent police and set aside the same and directed to release the petitioner's vehicle bearing Chasis No.N523610. For Petitioner : Mr.F.Deepak For Respondent : Mr.D.Rajaboopathy Government Advocate (Crl. Side) 1/7 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)No.1165 of 2026 ORDER The Criminal Revision is directed against the order passed in Cr.M.P.No.248 of 2026 in Crime No.33 of 2026 dated 06.06.2026 on the file of the Judicial Magistrate No. I, Kuzhithurai, dismissing the petition filed under Section 497 of B.N.S.S. 2. The petitioner claims to be the owner of the Komatsu PC 136 Hydraulic Excavator (Hitachi) bearing Chasis No.N523610. The respondent police has registered a case in Crime No.33 of 2026 for the offences under Sections 303(2) of BNS and 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 and seized the above said vehicle for the illegal transportation of river sand. Thereafter, the petitioner filed Cr.M.P.No.248 of 2026 for return of vehicle before the learned Judicial Magistrate No. I, Kuzhithurai, and the same was dismissed on 06.06.2026. 3. The petitioner preferred this Criminal Revision Petition as against the order dated 06.06.2026 made in Cr.M.P.No.248 of 2026 on the file of the learned Judicial Magistrate No. I, Kuzhithurai, and to set 2/7 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)No.1165 of 2026 aside the same. 4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent. 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 Chasis No.N523610 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. 3/7 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)No.1165 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 06.06.2026 passed in Crl.M.P.No.248 of 2026 by the learned Judicial Magistrate No. I, Kuzhithurai. 8. Accordingly, this Criminal Revision Case is allowed and the order dated 06.06.2026, passed in Crl.M.P.No.248 of 2026 by the learned Judicial Magistrate No. I, Kuzhithurai, is hereby set aside and the vehicle viz., Komatsu PC 136 Hydraulic Excavator (Hitachi) bearing Chasis No.N523610, 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. 1,00,000/- (Rupees One Lakh only) as non-refundable to the credit of Aishwaryam Trust, Indian Bank, Tirunagar Branch, Madurai, Account No.6639017788, IFSC Code: IDIB000T032; 4/7 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)No.1165 of 2026 (b)the petitioner shall execute a bond for a sum of Rs. 4,00,000/- (Rupees Four Lakhs only), with two sureties for a likesum to the satisfaction of the learned Judicial Magistrate No. I, Kuzhithurai; (c) The petitioner shall produce the copy of RC Book of the vehicle before the learned Judicial Magistrate No. I, Kuzhithurai. 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. (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; 5/7 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)No.1165 of 2026 (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; 15.07.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg To 1.The Judicial Magistrate No. I, Kuzhithurai. 2.The Sub Inspector of Police, Kaliyakkavilai Police Station, Kanyakumari District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 6/7 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)No.1165 of 2026 L.VICTORIA GOWRI ,J. gbg Order made in Crl.R.C.(MD)No.1165 of 2026 Dated: 15.07.2026 7/7 https://www.mhc.tn.gov.in/judis