WP CRL.(MD)/4554/2026 of Chinnadurai @ Vinoth Chakrav Vs State of Tamil Nadu rep. by on 23 September 2026

ORDER

This petition has been filed for issuance of Writ of Mandamus, directing the respondent to initiate appropriate steps to raise attachment pertaining to property in SF No.110/5, 92/3, 109/4, 109/5, 109/6, 110/4, 111/1, 112/1, 158/1, 171/4 & 91/3 in Patta No.1762 situated at Karakkottai Village, Manamelkudi Taluk, Pudukkottai District by considering the petitioner's representation dated 15.07.2026.

2. Mr.D.Rajaboopathy, learned Government Advocate, (Crl. Side) takes notice for the first respondent and Mr.A.Sivasubramanian, learned Additional Government Pleader, takes notice for the second respondent. Heard the counsel on either side and perused the records.

3. The Petitioner was arrayed as accused in S.C. No. 94 of 2020 on the file of the Mahila Court, Pudukkottai, for an offence punishable under Section 376(2)(F) of the Indian Penal Code (IPC). During the course of the trial, since the Petitioner did not appear on certain date, a Non-Bailable Warrant (NBW) was issued. Thereafter, proclamation proceedings under Section 82 of the Code of Criminal Procedure, 1973 (Cr.P.C.) [corresponding to Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)] was also initiated. Ultimately, the Petitioner's undivided share in the Survey Nos.: 110/5, 92/3, 109/4, 109/5, 109/6, 110/4, 111/1, 112/1, 158/1, 171/4 and 91/3, under Patta No. 1762, situated at Karakkottai Village, Manamelkudi Taluk, Pudukkottai District, was attached by the second respondent by proceeding dated 09.11.2018. The said order of attachment was duly communicated to the Tahsildar, Manamelkudi Taluk, by a memo dated 20.08.2012 and subsequently reflected as an encumbrance in the Encumbrance Certificate (EC) maintained by the Registration Department.

4. Subsequent to the attachment, the Petitioner was arrested on execution of the warrant and produced before the trial Court and faced trial. Upon completion of trial, the Sessions Court convicted the Petitioner vide Judgment dated 09.09.2021, sentencing him to undergo Life Imprisonment along with a fine of Rs.2,00,000/-. Challenging the conviction, the Petitioner preferred an appeal before the Division Bench of this Court in Crl.A.(MD)No. 483 of 2021. By Judgment dated 03.04.2025, the Division Bench modified the sentence of

Life Imprisonment to 10 years Rigorous Imprisonment, but, confirming the fine amount of Rs.2,00,000/- unaltered.

5. Thereafter, the petitioner has been in continuous incarceration since 07.02.2020 and has completed over 6 years of imprisonment. Since this petition has been filed to raise the attachment, during the pendency of the present Writ Petition, this Court granted time to the Petitioner to deposit the fine amount. Accordingly, the Petitioner paid the fine amount of Rs.2,00,000/- before the Sessions Court on 16.09.2026, and copy of the official receipt issued by the Sessions Court was produced before this Court.

6. The learned Counsel for the Petitioner submitted that the sole purpose of attaching the property of the petitioner under Section 83 Cr.P.C. (Section 85 BNSS) is to insist his appearance before the trial Court. Once the accused surrenders or is brought to trial by execution of warrant, and the criminal trial culminates in conviction, the purpose of attachment ends, and the encumbrance must be raised. Having paid the full fine amount of Rs.2,00,000/- following the appeal order, the Petitioner has satisfied all monetary liabilities, and there is no necessary to keep the attachment alive.

7. The learned Additional Government Pleader, appearing on behalf of the second Respondent, contended that under Section 85(3) Cr.P.C. [Section 88(3) BNSS], the appropriate remedy for raising the attachment lies before the trial Court by filing a formal application.

8. This Court has considered the rival submissions and perused the relevant statutory provisions.

9. A reading of both the statutory provisions referred to above, Section 85(3) Cr.P.C. and Section 88(3) BNSS, deals with the release, sale, and restoration of attached property. These provisions stipulate that if a case is pending before the Sessions Court, any person affected by the attachment order passed pursuant to the proclamation may approach the trial Court for relief. Therefore, the objection raised by the learned Additional Government Pleader may be acceptable, if the trial or prosecution proceedings is actively pending on the file of the trial Court. In the present case, the trial Court proceedings culminated in a conviction on 09.09.2021, and the appeal before the Division Bench was disposed of on 03.04.2025. No trial or case is currently pending before the Sessions Court or any other forum.

10. It is also stated that the attached property was never sold in execution or public auction. Therefore, when the purpose of attachment is served and the fine is paid, the property ought to be released to the owner. Accordingly, there is no impediment to raise attachment by this writ proceedings. Accordingly, it is recorded.

11. In light of the above facts, exercising writ jurisdiction under Article 226 of the Constitution of India, this Writ Petition is allowed, and the following directions are issued:

(i) The 2nd Respondent, District Collector, Pudukkottai, shall issue formal proceedings/orders raising the attachment made on the Petitioner's share in the above said subject properties under Patta No. 1762, Karakkottai Village, Manamelkudi Taluk, Pudukkottai District, within a period of four (4) weeks from the date of receipt of a copy of this order and issue necessary proceedings to the jurisdictional Sub Registrar, Registration Department, to register the raising of the attachment order and make necessary entries removing the encumbrance from the relevant registers and Encumbrance Certificates.

(iii) The 2nd Respondents is also directed to submit a compliance report before this Court, along with a fresh copy of the Encumbrance Certificate reflecting the raising of attachment, within two (2) months from the date of receipt of this order.

12. List the matter after two months for reporting compliance. 23.09.2026 TM To

1. The Inspector of Police, Manamelkudi Police Station, Pudukkottai District. Crime no .244/2003

2. The District Collector Pudukkottai District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

DR.P.MURUGAN, J., TM WP.Crl.(MD).No.4554 of 2026 23.09.2026