CRL.RC(MD).No.1351 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.08.2026 CORAM THE HONOURABLE MR.JUSTICE N.GUNASEKARAN CRL.RC(MD).No.1351 of 2026 R.Kalimuthu ... Petitioner / Owner of the Vehicle Vs. The State of Tamil Nadu, Represented by The Inspector of Police, Mimisal Police Station, Pudukkottai District. (Crime No.60 of 2026) ... Respondent / Complainant PRAYER : Criminal Revision Case filed under Section 438 r/w 442 B.N.S.S., to call for the records passed in order dated 14.07.2026 by the learned District Munsif cum Judicial Magistrate, Manamelkudi in Crl.M.P.No.975 of 2026 and set aside the same and direct the respondent to return the petitioner's vehicle bearing Engine No.E-2695191 and Chassis No.TO52700737HN for interim custody. For Petitioner : Mr.R.Sevugaraja For Respondent : Mr.D.Rajaboopathy, Government Advocate (Criminal Side) 1/8 https://www.mhc.tn.gov.in/judis CRL.RC(MD).No.1351 of 2026 ORDER The Criminal Revision is directed against the order passed in Cr.M.P.No.975 of 2026 in Crime No.60 of 2026 dated 14.07.2026 on the file of the learned District Munsif cum Judicial Magistrate, Manamelkudi, dismissing the petition filed under Section 497 of B.N.S.S. 2. The petitioner claims to be the owner of the Escort Tractor along with its Trailer bearing Engine No.E-2695191 and Chassis No.TO52700737HN. The respondent police has registered a case in Crime No.60 of 2026 for the offences under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 21(1) and 21(2) of the Mines and Minerals (Development and Regulation) Act, 1957, on 05.06.2026 and seized the above said vehicle for the illegal transportation of sand. Thereafter, the petitioner filed Cr.M.P.No.975 of 2026 for return of vehicle before the learned District Munsif cum Judicial Magistrate, Manamelkudi, and the same was dismissed on 14.07.2026. 2/8 https://www.mhc.tn.gov.in/judis CRL.RC(MD).No.1351 of 2026 3. The petitioner preferred this Criminal Revision Petition as against the order dated 14.07.2026 made in Cr.M.P.No.975 of 2026 on the file of the learned District Munsif cum Judicial Magistrate, Manamelkudi, and to set aside the same. 4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal 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 Engine No.E-2695191 and Chassis No.TO52700737HN 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 3/8 https://www.mhc.tn.gov.in/judis CRL.RC(MD).No.1351 of 2026 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 14.07.2026 passed in Cr.M.P.No.975 of 2026 by the learned District Munsif cum Judicial Magistrate, Manamelkudi. 8. Accordingly, this Criminal Revision Case is allowed and the order dated 14.07.2026, passed in Cr.M.P.No.975 of 2026 by the learned District Munsif cum Judicial Magistrate, Manamelkudi, is hereby set aside and the vehicle viz., Escort Tractor along with its Trailer bearing Engine No.E-2695191 and Chassis No.TO52700737HN, is ordered to be returned to the petitioner for interim custody, subject to proof of ownership and the result in confiscation proceedings, if any, and on the following conditions:- 4/8 https://www.mhc.tn.gov.in/judis CRL.RC(MD).No.1351 of 2026 (a) the petitioner is directed to deposit a sum of Rs. 50,000/- (Rupees Fifty Thousand only) as non- refundable to the credit of District Legal Services Authority, Pudukkottai District; (b)the petitioner shall execute a bond for a sum of Rs. 20,000/- (Rupees Twenty Thousand only), with two sureties for a likesum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Manamelkudi; (c) The petitioner shall produce the copy of Registration Certificate Book of the vehicle before the learned District Munsif cum Judicial Magistrate, Manamelkudi. If the original Registration Certificate Book is in the custody of the finance company, the petitioner shall produce a photocopy of the Registration Certificate Book, along with an affidavit stating that the original is with the finance company and a letter from the finance company acknowledging such custody. 5/8 https://www.mhc.tn.gov.in/judis CRL.RC(MD).No.1351 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 learned Trial Court once in a month i.e, on first working day of every English calendar month. 9. It is made clear that this order relates solely to interim custody of the vehicle and shall not be construed as expressing any opinion on the merits of the prosecution in Crime No.60 of 2026. 11.08.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No pal 6/8 https://www.mhc.tn.gov.in/judis CRL.RC(MD).No.1351 of 2026 To 1.The District Munsif cum Judicial Magistrate, Manamelkudi. 2.The Inspector of Police, Mimisal Police Station, Pudukkottai 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.1351 of 2026 N.GUNASEKARAN, J. pal Order made in CRL.RC(MD).No.1351 of 2026 Dated: 11.08.2026 8/8 https://www.mhc.tn.gov.in/judis