Madras High Court
CRL RC/1628/2026 of R.Arulkumar Vs State Rep by Inspector of Police on 23 September 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-09-2026
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
CRL RC No. 1628 of 2026
CNR: {HCMA011746962026}
R.Arulkumar
..Petitioner(s)
Vs
State Rep by Inspector of Police,
Perundurai Police Station,
Erode District.
Crime Number 284 of 2026.
..Respondent(s)
Prayer: Revision filed under Sections 438 and 442 of the BNSS, to set aside the order dated 09.06.2026 made in Crl.M.P.No.299 of 2026 on the file of the Learned Judicial Magistrate Court, Perundurai by allowing this petition.
For Petitioner(s):
Mr.S.Arunprasath
For Respondent(s):
Mr.A.Amarnath
Additional Public Prosecutor
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ORDER
The revision challenges the dismissal of the petitioner's application seeking return of his vehicle seized during the course of investigation in Crime No.284 of 2026.
2. It is the case of the prosecution that the accused used the petitioner’s vehicle for committing theft of river sand punishable under Section 303(2) of the BNSS, 2023. The vehicle was seized along with the sand. The petitioner sought return of the vehicle, which came to be dismissed by the learned Magistrate.
3. The learned counsel for the petitioner would submit that since the petitioner is the owner of the vehicle, he is entitled to interim custody of the vehicle and that if the vehicle is lying idle at the Police Station, its value would depreciate.
4. The learned Additional Public Prosecutor would submit that the vehicle is liable to be confiscated and confiscation proceedings are yet to be initiated.
5. Considering the fact that the petitioner is the owner of the vehicle, not an accused and if the vehicle remains in the Police Station, its value would depreciate, this Court is of the view that the interim custody of the vehicle can be handed over to the petitioner on the following conditions:-
(i) The petitioner shall execute a personal bond for a sum of Rs.5,00,000/- (Rupees Fife Lakhs Only) with two sureties for a likesum to the satisfaction of the learned Judicial Magistrate Court, Perundurai;
(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 Court, Perundurai, shall peruse the RC book and other records, 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.
6. Accordingly, this Criminal Revision Case is allowed, and the impugned order dated 09.06.2026 made in Crl.M.P.No.299 of 2026, passed by the learned Judicial Magistrate Court, Perundurai, is set aside. 23-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No (drm) To:
1. The Inspector of Police, Perundurai Police Station, Erode District. Crime Number 284 of 2026.
2. The Judicial Magistrate Court, Perundurai.
SUNDER MOHAN, J. (drm) CRL.R.C.No.1628 of 2026 23-09-2026