Madras High Court
CRL A(MD)/1340/2026 of S.Petchimuthu Vs State Of Tamilnadu Rep By Inspector Of Police, Perumalpuram on 11 November 2026
CRL A(MD) No. 1340 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11-11-2026
CORAM
THE HON'BLE MR.JUSTICE D.LINGESWARAN
CRL A(MD) No. 1340 of 2026
CNR:{HCMD011581202026}
S.Petchimuthu
S/o. Sudalaimuthu,
D.No. 13/45, Pillayar Kovil Street,
Agaram Vallanadu Kasba,
Vallanadu,
Thoothukudi District.
..Petitioner(s)
Vs
State Of Tamilnadu Rep By Inspector Of Police, Perumalpuram Police Station, Tirunelveli District.
(Crime No. 352 of 2026)
..Respondent(s)
PRAYER: C-35A. To call for the entire records pertaining to the impugned order in Crl.M.P.No. 637 of 2026 dated 16.10.2026 by the learned II Additional Sessions Judge, Tirunelveli is illegal and set aside the same by allowing the present criminal appeal and to pass such other further orders.
For Petitioner(s)
:Mr.M.Perumal
For Respondent(s)
:Mr.A.Robinson
Additional Public Prosecutor
CRL A(MD) No. 1340 of 2026
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JUDGMENT
Heard Mr.M.Perumal, learned Counsel for the petitioner and Mr.A.Robinson, learned Additional Public Prosecutor for the respondent.
2. This Criminal Appeal Petition has been filed to set aside the order of the learned II Additional Sessions Judge, Tirunelveli dated 16.10.2026 in Crl.M.P.No.637 of 2026, whereby the petition under Section 497 of BNSS for interim custody of petitioner’s Vivo mobile phone was rejected after considering the objections raised by respondent police that case is under investigation.
3. The learned counsel appearing for the petitioner submitted that the petitioner is the owner of a two wheeler namely a Honda Unicorn motorcycle bearing Registration No. TN-92-C-6004 and a Vivo mobile phone. The said properties were seized by the respondent police and a case was registered in Crime No. 352 of 2026, dated 15.09.2026, for the offences punishable under Sections 296(b) and 351(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, alleging that the petitioner had abused the
CRL A(MD) No. 1340 of 2026 defacto complainant in filthy language and further threatened him with dire consequences.
4. The learned counsel for the petitioner further submitted that the petitioner had filed Crl.M.P. No. 637 of 2026 before the II Additional Sessions Judge, Tirunelveli, seeking interim custody of the said properties. By an order dated 16.10.2026, the said petition was allowed in respect of the vehicle alone and dismissed insofar as the mobile phone was concerned, for the reasons stated supra. Aggrieved by the said order, the petitioner has preferred the present Criminal Appeal.
5. The learned Additional Public Prosecutor has strong objections to the request for the release of the mobile phone.
6. The material object namely the mobile phone has got nothing to do with the alleged occurrence. Therefore, there is no necessity for retaining the property in the Court.
7. Therefore, the order dated 16.10.2026 in Crl.M.P.No.637 of 2026, is hereby set aside to the extent of the rejection of the petitioner's prayer for interim custody of the mobile phone.
CRL A(MD) No. 1340 of 2026
8. Accordingly, the criminal appeal stands allowed. The learned II Additional Sessions Judge, Tirunelveli, is directed to return the mobile phone to the petitioner, subject to the following conditions:-
i. The petitioner shall produce proof of his identity and the relevant documents evidencing his ownership of the said mobile phone.
ii. The petitioner shall undertake to surrender the mobile phone whenever directed during investigation, inquiry or trial.
iii. The mobile phone shall be photographed and the photographs shall be kept on record for reference. 11-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rgm
CRL A(MD) No. 1340 of 2026 To
1. Inspector Of Police, Perumalpuram Police Station Tirunelveli District
2. The II Additional Sessions Court, Tirunelveli
2. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai Copy To : Section Officer ( VR Section ) Madurai Bench of Madras High Court
CRL A(MD) No. 1340 of 2026 D.LINGESWARAN, J. rgm CRL A(MD) No. 1340 of 2026 11-11-2026