CRL RC/2224/2026 of Kirubhakaran Vs The State rep by the Inspector of Police on 30 September 2026

ORDER

This Revision challenges the order dated 03.09.2026 passed in Crl.M.P.No.8236 of 2026 by the learned II Metropolitan Magistrate, Egmore, Chennai, dismissing the petitioner's application seeking return of the vehicle

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seized during the course of an investigation in Crime No.197 of 2026, registered for the offences under Section 303(2) of BNS r/w. Section 21(1) of the Mines and Minerals (Development & Regulation) Act, 1957.

2. The petitioner, claiming to be the owner of the vehicle namely, TATA MOTORE LTD TATA LPT LORRY bearing Registration No.TN-21-K-2848, Engine Number: 697TC56GTZ133154 and Chassis Number: 373135HTZ740093, sought the return of the said vehicle on the grounds that the said Lorry belongs to him and that the vehicle is lying idle. However, the learned II Metropolitan Magistrate, Egmore, Chennai, vide impugned order dated 03.09.2026, dismissed the said petition on the ground that the investigation is pending. Hence, this petition.

3. Learned counsel for the petitioner submitted that the vehicle has been lying idle at the police station since the date of its seizure. He further submitted that its value is depreciating due to adverse monsoon weather conditions, and that the property is no longer required for the purpose of investigation in the said case.

4. Per contra, the learned Additional Public Prosecutor appearing for the respondent submitted that the vehicle was intercepted and seized along with the prohibited mineral that was being transported in it. However, he fairly

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submitted that he has no serious objection to granting interim custody to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Admittedly, the petitioner is the owner of the vehicle, which is now in the police station for over three months.

7. In view of the above and also considering the facts and circumstances of the case, this Court is inclined to set aside the impugned order and grant interim custody of the vehicle viz., TATA MOTORE LTD TATA LPT LORRY bearing Registration No.TN-21-K-2848, Engine Number: 697TC56GTZ133154 and Chassis Number: 373135HTZ740093 to the petitioner on the following conditions:-

(i) The petitioner shall execute a personal bond for a sum of Rs.3,00,000/- (Rupees Three Lakhs Only) with two sureties for a likesum to the satisfaction of the learned II Metropolitan Magistrate, Egmore, Chennai;

(ii) The petitioner shall produce the original RC Book along with a self-attested Photostat copy of the RC Book of the vehicle and other relevant records to prove his ownership. The learned II Metropolitan Magistrate, Egmore, Chennai, shall retain the original RC book;

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(iii) The petitioner shall not alter or alienate the vehicle in any manner;

(iv) The petitioner shall also give an undertaking that he will produce the vehicle as and when required by the respondent and by the Court below and;

(v) The return of property would be subject to the result of the confiscation proceedings, if any.

8. With the above directions and observation, this the Criminal Revision Case stands allowed. 30.09.2026 skt Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No To:

1. II Metropolitan Magistrate, Egmore, Chennai.

2. The Inspector of Police, Kilpauk Police Station, Chennai District.

3. The Public Prosecutor, Madras High Court.

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SUNDER MOHAN, J. skt Crl.R.C.No.2224 of 2026 30.09.2026