Madras High Court
CRL RC/2195/2026 of S.Muthu Vs The State Rep. by, The Inspector of Police on 28 September 2026
CRL RC No. 2195 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-09-2026
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
CRL RC No. 2195 of 2026
CNR: {HCMA012234362026}
S.Muthu
..Petitioner(s)
Vs
The State rep. by,
The Inspector of Police,
F5-Pathirivedu Police Station,
Thiruvallur District.
Crime No.163 of 2026.
..Respondent(s)
Prayer: The Criminal Revision Petition is filed under Section 438 r/w 442 of BNSS, 2023, to set aside the order passed in Crl.MP.No.541 of 2026 on the file of Learned District Munsif cum Judicial Magistrate Court, Gummidipoondi dated 07.09.2026.
For Petitioner(s):
Mr.N.Arun Kumar
For Respondent(s):
Mr.A.Amarnath,
Additional Public Prosecutor
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ORDER
The Revision challenges the order dismissing the petitioner’s application for return of a Lorry bearing Reg.No.TN 21 BU 2945, which was seized during the course of investigation, in Crime No.163 of 2026, on the file of the respondent police, registered for the offences under Section 303(2) & 326(a) of BNS.
CRL RC No. 2195 of 2026
2. The learned counsel for the petitioner, would submit that the petitioner is the owner of the vehicle and entitled to interim custody of the vehicle; that the vehicle has been lying idle from the date of seizure, namely 10.08.2026; and that the vehicle may be returned on any stringent conditions that may be imposed by this Court for return of his vehicle.
3. Mr A. Amarnath, the learned Additional Public Prosecutor, appearing for the respondent, confirms that the petitioner is not an accused; and that the confiscation proceedings have not been initiated.
4. Considering the fact that the vehicle is lying idle at the police station and since the petitioner is the owner of the vehicle, this Court is inclined to hand over interim custody of the vehicle 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 like sum to the satisfaction of the learned District Munsif Cum Judicial Magistrate, Gummidipoondi;
(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 District Munsif Cum Judicial Magistrate, Gummidipoondi, shall peruse the RC book and other records,
CRL RC No. 2195 of 2026
retain a xerox copy of the same, and return the original RC book to the petitioner;
(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;
(v) The return of property would be subject to the result of the confiscation proceedings, if any.
5. Accordingly, this Criminal Revision Case is allowed, and the impugned order dated 07.09.2026 made in Crl.M.P.No.541 of 2026, passed by the learned District Munsif Cum Judicial Magistrate, Gummidipoondi, is set aside. 28-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No TSG To
1. The District Munsif Cum Judicial Magistrate, Gummidipoondi.
2. The Inspector of Police, F5-Pathirivedu Police Station, Thiruvallur District. Crime No.163 of 2026.
3. The Public Prosecutor, Madras High Court.
CRL RC No. 2195 of 2026
SUNDER MOHAN, J. TSG CRL RC No. 2195 of 2026 28-09-2026