Jeyachandran Vs The State of Tamilnadu, Rep. by The Sub Inspector of Police

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Crl.R.C.(MD)No.1031 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.08.2025

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CORAM

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THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

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Crl.R.C.(MD)No.1031 of 2025

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Jeyachandran ... Petitioner Vs.

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State of Tamil Nadu rep. by The Sub Inspector of Police, Nagamalai Pudukottai Police Station, Madurai District. (Crime No.251 of 2024) ... Respondent

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PRAYER : Criminal Revision Case filed under Section 438 r/w 442 B.N.S.S., to set aside the order dated 21.03.2025 made in Crl.M.P.No. 1750 of 2025 on the file of the Learned Judicial Magistrate No.VI, Madurai and allow the Criminal Revision Petition and consequently release vehicle bearing registration No.TN63 AR 3522 into custody of the petitioner.

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For Petitioner : Mr.N.Ganesh

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For Respondent : Mr.S.S.Manoj Government Advocate (Crl. Side)

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https://www.mhc.tn.gov.in/judis

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Crl.R.C.(MD)No.1031 of 2025

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ORDER

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The Criminal Revision is directed against the order passed in Crl.M.P.No.1750 of 2025 in Crime No.251 of 2024 dated 21.03.2025 on the file of the Judicial Magistrate No.VI, Madurai, dismissing the petition filed under Section 497 of B.N.S.S.

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The petitioner claims to be the owner of the Mahindra XUV car bearing Registration No.TN 63 AR 3522. The respondent police has registered a case in Crime No.251 of 2024 for the offences under Sections 4(1) (aa), 4(1-A), 4(1) (i) of TN Prohibition Act on 21.06.2024 and seized the above said vehicle for selling liquor bottles and the same was produced before the concerned Court and the same came to be remanded and the same is under the custody of the respondent police.

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It is not in dispute that the petitioner has approached the learned Judicial Magistrate No.VI, Madurai, for returning of the said vehicle in Crl.M.P.No.1750 of 2025 and the learned Judicial Magistrate, vide order dated 21.03.2025, has dismissed the petition. Aggrieved by the order of dismissal, the petitioner has now come forward with the present revision.

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https://www.mhc.tn.gov.in/judis

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Crl.R.C.(MD)No.1031 of 2025

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Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

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The learned Government Advocate (Criminal Side) appearing for the respondent would submit that the petitioner is the owner of the vehicle and he is not accused in this case.

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The learned counsel appearing for the petitioner would submit that the vehicle bearing Registration No. TN 63 AR 3522 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.

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Considering the facts and circumstances of the case and also 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

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Crl.R.C.(MD)No.1031 of 2025

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revision and thereby setting aside the impugned order dated 21.03.2025 passed in Crl.M.P.No.1750 of 2025, by the learned Judicial Magistrate No.VI, Madurai.

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Accordingly, this Criminal Revision Case is allowed and the order dated 21.03.2025 passed in Crl.M.P.No.1750 of 2025 by the learned Judicial Magistrate No.VI, Madurai, is hereby set aside and the vehicle/ Mahindra XUV car bearing Registration No. TN 63 AR 3522, 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:-

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(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 the Adyar Cancer Institute (Union Bank, Name: Cancer Institute (WIA), Account No: 149710011005477, IFSC Code: UBIN0814971), Chennai ;

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(b) the petitioner shall execute a bond for a sum of Rs.4,00,000/-

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(Rupees Four Lakhs only), with two sureties for a likesum to the satisfaction of the learned Judicial Magistrate No.VI,

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Crl.R.C.(MD)No.1031 of 2025

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Madurai;

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(c) the petitioner shall deposit the original Registration Certificate of the vehicle before the learned Judicial Magistrate No.VI, Madurai;

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(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;

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