Ashok Vs The Sub Inspector of Police — Madras HC (2026) — LawSathi Research

Ashok Vs The Sub Inspector of Police — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Condition No.11(i) (non-refundable deposit of Rs.1,00,000) set aside; condition No.11(ii) modified so that the bond is reduced from Rs.10,00,000 to Rs.5,00,000 with two sureties for a like sum with Thasildhar solvency certificate to the satisfaction of the Judicial Magistrate No.I, Vellore; condition No.11(vi) modified so that the vehicle need be produced only as and when required by the Magistrate; all other conditions left unaltered.

Issue for consideration

Whether condition No.11(i) requiring the petitioner to deposit Rs.1,00,000 as a non-refundable deposit with the District Mines and Minerals Foundation Trust, Vellore, imposed while returning his vehicle, is sustainable. +2 more

Court's answer

Condition No.11(i), directing the petitioner to make a non-refundable deposit of Rs.1,00,000, is onerous and unwarranted and is set aside.

Ratio / Principle

Condition No.11(ii) is modified: since the value of the vehicle is stated to be Rs.5,00,000, the petitioner shall execute a bond for Rs.5,00,000 with two sureties for a like sum with solvency certificate obtained from the Thasildhar to the satisfaction of the Judicial Magistrate No.I, Vellore.

Key takeaways

Condition No.11(vi) suffers from no infirmity except the part requiring production of the vehicle on the first working day of every month.ratio¶28
The petitioner is directed to produce the vehicle as and when required by the Magistrate; condition No.11(vi) is modified accordingly.ratio¶28
All other conditions imposed by the learned Magistrate shall remain unaltered.

Detailed headnote1 paragraphs

Criminal Revision (S. 438/442 BNSS, 2023) against conditions imposed by the Judicial Magistrate No.1, Vellore (order dated 06.12.2025 in Crl.M.P.No.14745 of 2025) while returning the petitioner's vehicle involved in Crime No.101 of 2025: (i) the condition requiring a non-refundable deposit of Rs.1,00,000 with the District Mines and Minerals Foundation Trust, Vellore was held onerous and unwarranted and set aside; (ii) the personal bond condition was reduced from Rs.10,00,000 to Rs.5,00,000 (the stated value of the vehicle) with two sureties for a like sum with Thasildhar solvency certificate to the satisfaction of the Magistrate; (iii) the requirement to produce the vehicle on the first working day of every month was relaxed to production as and when required by the Magistrate; all other conditions were left unaltered. Revision disposed of (Sunder Mohan J., High Court of Judicature at Madras, 13-02-2026).

CRL RC No. 326 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-02-2026

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN

CRL RC No. 326 of 2026

Ashok

S/o.Subramani, No.14, Kolli Medu Village, Kanniyambadi, Vellore District. ... Petitioner(s) Vs. The Sub Inspector of Police Vellore Taluk Police Station, Vellore. ...Respondent(s) Crime No. 101 of 2025.

PRAYER: Criminal Revision Case filed under Section 438/442 of BNSS, 2023,to set aside and modify the conditions imposed in Para 11 “(i) the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees one lakh only) before the District mines and Minerals foundation Trust, Vellore as non-refundable deposit. (ii) The petitioner shall appear and execute a personal bond for Rs.10,00,000/- (Rupees ten lakhs only) with two sureties for a like sum with solvency certificate obtained from the Thasildhar for the satisfaction of this court. (vi) The petitioner shall produce the vehicle before this court every month 1^st working day till the completion of the trial” by the Learned Judicial Magistrate No.1, Vellore in Crl.M.P.No.14857 of 2025 in Crime No.120 of 2025 vide order dated 06.12.2025 and to direct the respondent herein to release the Ashok Ley Land Tipper Lorry bearing Registration No.TN 32 J 4759.

For Petitioner(s): Mr.M.R.Thangavel For Respondent(s): Mr.R.Vinoth Raja Government Advocate (Crl. Side)

ORDER

The revision challenges the condition imposed by the learned Magistrate

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while returning the vehicle of the petitioner, which is said to be involved in a Crime No.101 of 2025.

Heard the learned Government Advocate appearing for the respondent.

The petitioner is aggrieved by condition Nos.11(i), 11 (ii) and 11 (vi) in the order dated 06.12.2025 passed in Crl.M.P.No.14745 of 2025 on the file of the learned Judicial Magistrate No.1, Vellore, which reads as follows:

“[i] the petitioner shall deposit a sum of Rs.1,00,000/(Rupees one lakh only) before the District mines and Minerals Foundation Trust, Vellore as non-refundable deposit.

[ii] The petitioner shall appear and execute a personal bond for Rs.10,00,000/- (Rupees ten lakhs only) with two sureties for a like sum with solvency certificate obtained from the Thasildhar for the satisfaction of this court.

[iv] The petitioner shall not alienate or alter the vehicle in any manner till the adjudication is over. The petitioner shall produce the vehicle before this Court and trial Court whenever the Court ordered to produce the property. The petitioner shall produce the vehicle before this court every month 1^st working day till the completion of the trial. The petitioner shall not misuse the vehicle for committing similar offence in future. The petitioner shall not dispute the identity of the property in

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the photographs. The petitioner shall produce the vehicle before the authorized officer for confiscation proceedings. The petitioner shall file an undertaking affidavit to the effect.”

This Court is of the view that condition No.11(i), directing the petitioner to make a non-refundable deposit, is onerous and unwarranted and hence the said condition is set aside.

As regards the second condition, this Court is of the view that the value of the vehicle is said to be Rs.5,00,000/-. Hence, the petitioner shall execute a bond for Rs.5,00,000/- (Rupees Five Lakhs Only) with two sureties for a like sum with solvency certificate obtained from the Thasildhar to the satisfaction of the Judicial Magistrate No.I, Vellore. Condition No.11(ii) is modified accordingly.

As regards condition No.11(vi), this Court finds no infirmity except for the part of the condition which requires the petitioner to produce the vehicle on the first working day of every month. The petitioner is directed to produce the vehicle as and when required by the Magistrate. The said condition is modified accordingly.

All other conditions imposed by the learned Magistrate shall remain unaltered.

Accordingly, this Criminal Revision Case is disposed of.

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13-02-2026

Mac

Index:Yes/No Speaking/Non-speaking order

SUNDER MOHAN J. Mac

To

The Judicial Magistrate No.1, Vellore

2.The Sub Inspector of Police Vellore Taluk Police Station, Vellore.

CRL RC No. 326 of 2026

13-02-2026

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