S.Prabhakaran Vs The State of Tamil Nadu

PRAYER : Criminal Revision Case filed under Section 438 r/w 442 B.N.S.S., to call for the records relating to the impugned order passed in Crl.M.P.No.1348 of 2025, dated 19.05.2025 on the file of the learned Judicial Magistrate, Theni and to set aside the same as illegal.

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

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ORDER

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The Criminal Revision is directed against the order passed in Crl.M.P.No.1348 of 2025 in Crime No.64 of 2025 dated 19.05.2025 on

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

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Crl.R.C.(MD)No.728 of 2025

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the file of the Judicial Magistrate, Theni 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 Tipper Lorry bearing Registration No.TN 60 AK 7693. The respondent police has registered a case in Crime No.64 of 2025 for the offences under Sections 303(2) of BNS and Sections 21(1) & 5 of MMDR Act on 25.03.2025 and seized the above said vehicle for the alleged transportation of rubble 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, Theni, for returning of the said vehicle in Crl.M.P.No.1348 of 2025 and the learned Judicial Magistrate, vide order dated 19.05.2025, has dismissed the petition. Aggrieved by the order of dismissal, the petitioner has now come forward with the present revision.

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

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Crl.R.C.(MD)No.728 of 2025

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The learned Government Advocate (Criminal Side) appearing

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for the respondent would submit that the petitioner is the owner of the vehicle and the accused in this case and the said vehicle was not involved in any other cases. He would further submit that the value of the vehicle is worth about Rs.17 lakhs.

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The learned counsel appearing for the petitioner would submit that the vehicle bearing Registration No.TN 60 AK 7693 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. He further submits that the vehicle is under hypothecation with the finance company and the original RC book is deposited with the said company.

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Considering the facts and circumstances of the case and also the

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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

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Crl.R.C.(MD)No.728 of 2025

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keeping the vehicle in custody, this Court is inclined to allow the revision and thereby setting aside the impugned order dated 19.05.2025 passed in Crl.M.P.No.1348 of 2025, by the learned Judicial Magistrate, Theni.

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Accordingly, this Criminal Revision Case is allowed and the order dated 19.05.2025 passed in Crl.M.P.No.1348 of 2025 by the learned Judicial Magistrate, Theni is hereby set aside and the vehicle/ Tipper Lorry bearing Registration No.TN 60 AK 7693, 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.50,000/-

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(Rupees Fifty Thousand only) as non-refundable deposit for the said vehicle to the credit of the RAY OF LIGHT FOUNDATION, Bank Name: HDFC BANK, A/c No: 50100078904233, A/c Name: Ray of Light Foundation, Branch: HABIBULLAH ROAD, T NAGAR, CHENNAI, IFSC code: HDFC0001864 ;

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Crl.R.C.(MD)No.728 of 2025

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(b) the petitioner shall execute a bond for a sum of Rs.8,50,000/-

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(Rupees Eight Lakhs and Fifty Thousand only), with two sureties for a likesum to the satisfaction of the learned Judicial Magistrate, Theni;

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(c) Since the vehicle is under hypothecation with the finance company, the learned Judicial Magistrate, Theni is directed to permit the petitioner to produce the self attested copy of the Registration Certificate of the vehicle along with the letter from

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the finance company that the said vehicle is under hypothecation;

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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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