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2026 Supreme(Online)(Mad) 28310
MADURAI BENCH OF MADRAS HIGH COURT
Victoria Gowri, J
SBM Transport Application Pv – Appellant
Versus
State Of Tamilnadu Rep By In – Respondent
CRL.RC.(MD) NO.357 of 2026 | CRL MP(MD)No.5195 of 2026
For the Appellants/Petitioners: G. Sailendrababu
For the Respondents: M. Sakthikumar
The court exercised its revisional jurisdiction to modify an excessive bond amount imposed by a trial court as a condition for the return of seized property.
Headnote:The petitioner filed a Criminal Revision Petition under Section 438 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) challenging an order passed by the Judicial Magistrate regarding the return of a vehicle. The petitioner sought the modification of a specific condition requiring the execution of a bond for Rs. 15,00,000. The court determined that the bond amount was excessive and required adjustment. The primary issue was whether the condition imposed by the trial court for the return of property was reasonable. The court reasoned that the bond amount should be reduced to a more equitable sum to ensure the return of the property while maintaining legal safeguards. With the above modification, this Criminal Revision case is partly allowed.
| Table of Content |
|---|
| 1. challenge against the excessive bond condition for return of property. (Para 1 , 2) |
| 2. reduction of bond amount and partial allowance of the revision petition. (Para 3 , 4) |
Prayer : Criminal Revision Petition, filed under section 438 r/w 442 of BNSS, to call for the records pertaining to the set aside the order of return of vehicle passed in Crl.M.P.No.25602 of 2025 dated 04.12.2025 on the file of the Learned Judicial Magistrate No.II, Tiruchirappalli.
ORDER
Challenging the order passed by the learned Judicial Magistrate, Thiruchirappalli, in Crl.M.P.No.25602 of 2025 dated 04.12.2025, this Criminal Revision Case is filed.
2. The learned counsel for the petitioner submitted that the application filed by the petitioner before the learned Trail Court is with respect to the return of property. However, when the matter came up for hearing, he limited his prayer with respect to seeking modification of the first condition alone.
3. Considering the submission made by the learned counsel for the petitioner, the condition imposed on the petitioner to execute a bond for an amount of Rs.15,00,000/- (Rupees Fifteen Lakhs only) is modified by directing the petitioner to execute a bond for an amount of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties each for a like sum to the satisfaction of the learned Trial Court. The petitioner and the sureties shall affix their photographs and give the copies of their Aadhaar cards while executing sureties.
4. With the above modification, this Criminal Revision case is partly allowed. Consequently, the connected miscellaneous petition is closed.
04.03.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes/ No
Sml
To
1.The Judicial Magistrate No.II, Tiruchirappalli.
2.The Inspector of Police, K.K.Nagar Crime Police Station, Trichy District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
