Madras High Court

CRL RC/2156/2026 of Govindaraj @ Govindharajan Vs State rep by Inspector of Police on 24 September 2026

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CRL RC No. 2156 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-09-2026

CORAM

THE HON'BLE MR.JUSTICE SUNDER MOHAN

CRL RC No. 2156 of 2026

CNR: {HCMA012194542026}

Govindaraj @ Govindharajan

..Petitioner(s)

Vs

State rep. by,

Inspector of Police,

Chennai South Police Station,

Chennai.

(Crime No.125 of 2026.)

..Respondent(s)

Prayer: Criminal Revision Petition is filed under Sections 438 r/w 442 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records and set aside the order dated 24.08.2026 in Crl.M.P.No.8380 of 2026 passed by the learned II

Metropolitan Magistrate, Egmore, Chennai.

For Petitioner(s):

Mr.P.Thinesh

For Respondent(s):

Mr.A.Amarnath,

Additional Public Prosecutor

High Court Madras

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ORDER

This Criminal Revision Case challenges the order dated 24.08.2026 passed in Crl.M.P.No.8380 of 2026 on the file of the II Metropolitan Magistrate Court, Egmore, Chennai, dismissing the petitioner's application seeking the

CRL RC No. 2156 of 2026

return of a vehicle seized during the course of an investigation in Crime No.125 of 2026, registered for the offences under Sections 497 and 503 of BNSS.

2. The petitioner, claiming to be the owner of the Bajaj Re LPG Auto bearing Registration No.TN 06 Y 2783, 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 II Metropolitan Magistrate, Egmore, Chennai, vide the impugned order dated 24.08.2026, dismissed the said petition stating that it will cause prejudice to the investigation of the case.

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.

CRL RC No. 2156 of 2026

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

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 24.08.2026 passed in Crl.M.P.No.8380 of 2026 on the file of the II Metropolitan Magistrate Court, Egmore, Chennai, is set aside. In view of the same, the interim custody of the vehicle Bajaj Re LPG Auto bearing Registration No.TN 06 Y 2783, 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.2,00,000/- (Rupees Two 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 her ownership. The learned II Metropolitan Magistrate, Egmore, Chennai, shall peruse the RC book and other records, retain the original RC Book;

CRL RC No. 2156 of 2026

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

(iv) The petitioner shall also give an undertaking that she 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. 24-09-2026 Neutral Citation: Yes/No ham To

1. The II Metropolitan Magistrate, Egmore, Chennai.

2. The Inspector of Police PEW-Kottakuppam Police Station, Villupuram District.

CRL RC No. 2156 of 2026

SUNDER MOHAN, J. ham CRL RC No. 2156 of 2026 24-09-2026

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