Madras High Court
CRL RC/1629/2026 of Rajkiran Vs State, rep. by Sub Inspector of Police on 25 September 2026
CRL RC No. 1629 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-09-2026
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
CRL RC No. 1629 of 2026
CNR: {HCMA011778042026}
Rajkiran
..Petitioner(s)
Vs
State, rep. by Sub Inspector of Police,
Brammadesam,
Villupuram District.
Crime No.101 of 2026
..Respondent(s)
Prayer: Criminal Revision Petition is filed under Sections 438 r/w 442 of Bharatiya Nagarik Suraksha Sanhita, 2023, call for the records and set aside the order passed in Crl.M.P.No.292 of 2026 on the file of the Judicial Magistrate II, Tindivanam dated on 13.07.2026 in Crime No.101 of 2026 on the file the respondent dated 29-05-2026 and direct the respondent to release the JCB
bearing registration No.TN-16-C-6013 and allow this Criminal Revision Petition.
For Petitioner(s):
Mr.G.Tamil Selvan
For Respondent(s):
Mr.A.Amarnath,
Additional Public Prosecutor
High Court of Madras
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
This Criminal Revision Case challenges the order dated 13.07.2026 passed in Crl.M.P.No.292 of 2026 on the file of the Judicial Magistrate No.II, Tindivanam, dismissing the petitioner's application seeking the return of a
( Uploaded on: 30/09/2026 03:34:10 pm )
CRL RC No. 1629 of 2026
vehicle seized during the course of an investigation in Crime No.101 of 2026, registered for the offences under Section 303(2) of BNS.
2. The petitioner, claiming to be the owner of the JCB bearing Registration No.TN-16-C-6013, sought the return of the said vehicle on the grounds that it belongs to him; that he is not an accused, and that the vehicle is lying idle. However, the learned Judicial Magistrate No.II, Tindivanam, vide the impugned order dated 13.07.2026, dismissed the said 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 confirmed that the petitioner is not an accused; and submitted that a request has been made to the Superintendent of Police to initiate confiscation proceedings. However, he fairly submitted that he has no serious objection to the grant of interim custody to the petitioner.
5. Heard both sides and perused the materials available on record.
( Uploaded on: 30/09/2026 03:34:10 pm )
CRL RC No. 1629 of 2026
6. Admittedly, the petitioner is not an accused in this case and that he is the owner of the vehicle, which is now kept at the police station. Therefore, this Court is of the view that the petitioner is entitled to the interim custody of the vehicle, subject to the confiscation proceedings.
7. Accordingly, this Criminal Revision Case is allowed and the impugned order dated 13.07.2026 passed in Crl.M.P.No.292 of 2026 on the file of the Judicial Magistrate No.II, Tindivanam, is set aside. In view of the same, the interim custody of the vehicle bearing Registration No.TN-16-C-6013, is directed to be returned 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 Judicial Magistrate No.II, Tindivanam;
(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 Judicial Magistrate No.II, Tindivanam, shall peruse the RC book and other records, retain the original RC Book;
(iii) The petitioner shall not alter or alienate the vehicle in any manner;
( Uploaded on: 30/09/2026 03:34:10 pm )
CRL RC No. 1629 of 2026
(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. 25-09-2026 Neutral Citation: Yes/No ham To
1. The Judicial Magistrate No.II, Tindivanam.
2. The Sub Inspector of Police, Brammadesam, Villupuram District.
3. The Public Prosecutor, High Court of Madras.
( Uploaded on: 30/09/2026 03:34:10 pm )
CRL RC No. 1629 of 2026
SUNDER MOHAN, J. ham CRL RC No. 1629 of 2026 25-09-2026
( Uploaded on: 30/09/2026 03:34:10 pm )
CRL RC No. 1629 of 2026
( Uploaded on: 30/09/2026 03:34:10 pm )