BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :15.07.2025 CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI A.Karuppaiya ...Petitioner Vs The State Represented by the Inspector of Police, Thuvarankuruchi Police Station, Tiruchirappalli District. ...Respondent PRAYER: Criminal Original Petition filed under Section 528 of BNSS, to modify the condition Nos.1 and 2 passed in Crl.R.C.No.32 f 2024 by the Principal District and Sessions Court, Tiruchirappalli, dated 20.11.2024 that 1 the petitioner shall deposit a sum of Rs.2,00,000/- (Rupees Two Lakh only) in Crime Number, 2.The petitioner shall execute a bond for a sum of rs.2,00,000/- with two sureties each for a likesum to the satisfaction of the Judicial Magistrate, Manapparai.

For Petitioner : Mr.J.Vishnu For Respondent : Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl Side)

ORDER

The petitioner is an accused in Crime No.29 of 2024 on the file of the Thuvarankurichi Police Station registered for the offences under Section 379 IPC and Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957. The petitioner's tipper lorry bearing Registration No.TN67 BZ 2499 was seized by the respondent Police in connection with the said case. Therefore, the petitioner, who is the owner of the vehicle, had filed a petition seeking interim custody of the vehicle, in Crl.M.P.No.2934 of 2024 before the learned Judicial Magistrate, Manapparai. The learned Judicial Magistrate, by his order dated 19.06.2024, dismissed the said petition. Challenging the same, the petitioner has filed a revision petition before the learned Principal District and Sessions Judge, Tiruchirappalli. The learned Principal District and Sessions Judge, by his order dated 20.11.2024, allowed the revision petition by imposing certain conditions. Now the petitioner has filed this petition challenging the following condition Nos. (i) and (ii) as imposed by the learned Principal District and Sessions Judge, Tiruchirappalli:

“(i)The petitioner shall deposit a sum of Rs.2,00,000/- (Rupees two lakh only) in crime number;

(ii) The petitioner shall execute a bond for a sum of Rs.2,00,000/- with two sureties for a like sum to the satisfaction of the learned Judicial Magistrate, Manapparai.”

2.The learned counsel for the petitioner submits that his vehicle has been seized by the respondent police in connection with Crime No.29 of 2024 and the same is lying idle in Thuvarankuriuchi Police Station and is being exposed to weather and sunlight. The petitioner is having a good case in Crime No.29 of 2024 and the same is pending investigation. The petitioner, seeking interim custody of the vehicle has filed an application before the learned Judicial Magistrate, Manapparai and the same has been rejected. Therefore, the petitioner has approached the revisional court / learned Principal District and Sessions Judge, Tiruchirappalli. The learned Sessions Judge without considering the principles laid down by the Hon'ble Supreme Court in Sunderbhai Ambalal Desai Vs State of Gujrat [AIR 2003 SUPREME COURT 638] and the other judgments of the Hon'ble Supreme Court has granted relief by imposing onerous conditions. The conditions imposed by the learned Sessions Judge to deposit a sum of Rs.2 lakh to the credit of the crime number is difficult for the petitioner to comply with and therefore, he is not in a position to take the vehicle, despite relief being granted by the learned Sessions Judge. Therefore, the learned counsel by referring to the orders of the Hon'ble Supreme Court submits that the onerous conditions imposed by the learned Sessions Judge in CrlRCNo.32 of 2024 dated 20.11.2024 needs to be set aside.

3.The learned counsel for the petitioner in support of his contention has relied on the judgments of the Hon'ble Supreme Court in Sunderbhai Ambalal Desai Vs State of Gujrat [AIR 2003 SUPREME COURT 638] and in Perichi Gounder vs. Tamil Nadu State (SLP No.

7262 of 2023 dated 19.07.2024) and

4.The learned Government Advocate (crl sid