Moorthy Vs The State of Tamilnadu Rep. by The Inspector of Police

PRAYER : Criminal Revision Case filed under Section 438 r/w 442 B.N.S.S., to call for the entire records pertaining to the order passed by the Learned Judicial Magistrate Court, Thiruvaiyaru, Thanjavur District in Cr.M.P.No.588 of 2025 vide order dated 15.05.2026 and set-aside the same and consequently, direct the above said learned Judicial Magistrate Court, Thiruvaiyaru, Thanjavur District to return the petitioner's Maruti Vitara Breezza bearing Registration No.TN 49 BU 3737 kept in the custody of the above said learned Judicial Magistrate Court in connection with the case in Crime No.277 of 2025 on the file of the respondent police.

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For Petitioner : M/s.S.Arokkiya Mary

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For Respondent : Mr.C.Susikumar Government Advocate (Crl. Side)

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ORDER

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The Criminal Revision is directed against the order passed in Cr.M.P.No.588 of 2025 in Crime No.277 of 2025 dated 15.05.2026 on the file of the Judicial Magistrate Court, Thiruvaiyaru, Thanjavur District, 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 vehicle, namely Maruti Vitara Breezza bearing Registration No.TN 49 BU 3737. The respondent police has registered a case in Crime No.277 of 2025 for the offences under Sections 296(b), 132, 351(3), 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.588 of 2025 for return of vehicle before the learned Judicial Magistrate Court, Thiruvaiyaru, Thanjavur District, and the same was dismissed on 15.05.2026.

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The petitioner preferred this Criminal Revision Petition as against the order dated 15.05.2026 made in Cr.M.P.No.588 of 2025 on

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the file of the learned Judicial Magistrate Court, Thiruvaiyaru, Thanjavur District, and to set aside the same.

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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 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.

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The learned counsel appearing for the petitioner would submit that the vehicle bearing Registration No.TN 49 BU 3737 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 fact that if the vehicle is kept in open place

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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 15.05.2026 passed in Crl.M.P.No.588 of 2025 by the learned Judicial Magistrate Court, Thiruvaiyaru, Thanjavur District.

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Accordingly, this Criminal Revision Case is allowed and the

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order dated 15.05.2026, passed in Crl.M.P.No.588 of 2025 by the learned Judicial Magistrate Court, Thiruvaiyaru, Thanjavur District, is hereby set aside and the vehicle viz., Maruti Vitara Breezza bearing Registration No.TN 49 BU 3737, 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 to the credit of MANGAYAR MANGALAM, A/c No: 12730100005505, Egmore Branch, Chennai, IFSC code: BARB0EGMORE, an organisation contributing towards

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underprivileged women and children;

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(b)the petitioner shall execute a bond for a sum of Rs.

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3,00,000/- (Rupees Three Lakhs only), with two sureties for a likesum to the satisfaction of the learned Judicial Magistrate Court, Thiruvaiyaru, Thanjavur District;

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(c) The petitioner shall produce the copy of RC Book of the vehicle before the learned Judicial Magistrate Court, Thiruvaiyaru, Thanjavur District. 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.

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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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