Madras High Court
Arunkumar vs State Of Tamil Nadu Represented By on 29 April, 2025
Crl.R.C.(MD)No.494 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.04.2025
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
Crl.R.C.(MD)No.494 of 2025
Arunkumar ... Petitioner
Vs.
State of Tamil Nadu represented by
The Inspector of Police,
Gandamanur Vilakku Police Station,
Theni District.
(Crime No.40 of 2025) ... Respondent
PRAYER : Criminal Revision Case filed under Section 438 and 442
B.N.S.S., to call for the records relating to the judgment of the Judicial
Magistrate, Andipatti dated 01.04.2025 made in Crl.M.P.No.556 of 2025
and set aside the same and allow the revision.
For Petitioner : Mr.M.Kaliraj
For Respondent : Mr.S.Ravi
Additional Public Prosecutor
ORDER
The Criminal Revision is directed against the order passed in
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Crl.M.P.No.556 of 2025 dated 01.04.2025 on the file of the Judicial
Magistrate, Andipatti, dismissing the petition filed under Section 497
B.N.S.S.
2. The petitioner claims to be the owner of Ashok Leyland Tipper
Lorry bearing Registration No.TN-23-AF-9339. On 01.03.2025, the
respondent police has registered a case in Crime No.40 of 2025 for the
offences under Section 303(2) BNS and Section 21(4) of Mines and
Minerals (Development & Regulation) Act, 1957 and seized the above
said vehicle for the alleged transportation of 3 unit of red sand.
3. It is not in dispute that the petitioner has approached the learned
Judicial Magistrate, Andipatti, for returning of the said vehicle in
Crl.M.P.No.556 of 2025 and the learned Judicial Magistrate, vide order
dated 01.04.2025, has dismissed the petition. Aggrieved by the order of
dismissal, the petitioner has now come forward with the present revision.
4. Heard the learned counsel appearing for the petitioner and the
learned Government Advocate (Crl. Side) appearing for the respondent.
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5. The learned Government Advocate (Criminal Side) appearing
for the respondent would submit that the petitioner is the owner of the
vehicle and is not an accused in this case, that the petitioner is not having
any previous cases for similar offence and that the said vehicle was not
involved in any other cases. He would further submit that the value of the
vehicle is worth about Rs.15 lakhs.
6. The learned counsel appearing for the petitioner would submit
that the vehicle bearing Registration No.TN-23-AF-9339 is owned by the
petitioner, that the said vehicle has no connection whatever with the
alleged occurrence, that if the vehicle is kept in open place, the value of
the said vehicle will get deteriorated and that therefore interim custody
may be granted to the petitioner. He would further submit that the
original RC book is available with the Sri Ram Finance Limited and he
has also filed a memo dated 29.04.2025 to that effect.
7. 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
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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 01.04.2025
passed in Crl.M.P.No.556 of 2025, by the learned Judicial Magistrate,
Andipatti.
8. Accordingly, this Criminal Revision Case stands allowed and
the order dated 01.04.2025 passed in Crl.M.P.No.556 of 2025 by the
learned Judicial Magistrate, Andipatti, is hereby set aside and the
vehicle/Ashok Leyland Tipper Lorry bearing Registration No.TN-23-
AF-9339, 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:-
(a) the petitioner is directed to deposit a sum of Rs.25,000/-
(Rupees Twenty Five Thousand only) as non-refundable
deposit for the said vehicle to the credit of the District Mineral
Foundation Trust, Theni District;
(b) the petitioner shall execute a bond for a sum of Rs.5,00,000/-
(Rupees Five Lakhs only), with two sureties for a likesum to
the satisfaction of the learned Judicial Magistrate, Andipatti;
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(c) the petitioner shall produce the certified copy of the R.C. Book
from the Sri Ram Finance Limited undertaking that the original
R.C. Book is available with them and that they had knowledge
about the pendency of the case against the vehicle before the
learned Judicial Magistrate, Andipatti;
(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 Court and
before the respondent police as and when required;
29.04.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
csm
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K.MURALI SHANKAR,J.
csm
To
1.The Judicial Magistrate,
Andipatti.
2.The Inspector of Police,
Gandamanur Vilakku Police Station,
Theni District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Order made in
Dated: 29.04.2025
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