BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 26.02.2026 CORAM THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ S.Muthukrishnan, ... Petitioner Vs.

1. State of Tamilnadu Rep by Inspector of Police, Peraiyur, Police Station, Madurai District.

Crime No.102/2025.

2. Shriram Finance Limited, Kallikudi Taluk, Madurai District.

3. Mandra Moorthi, 4. Mohan, ... Respondents PRAYER :- Criminal Revision Case is filed under Section 438 r/w.442 of BNSS, 2023 to set aside the impugned order passed in Cr.MP.No. 2870/2025 on the file of the Judicial Magistrate Court, Peraiyur dated

04.11.2025 and allow the Criminal Revision Petition.

For Petitioner : Mr.K. Rajeshwaran, For Respondents : Mr.C.Jeganathan for R3 : Mr.P.Kottaichamy, Government Advocate for R1 : Mr.M.Kannan for R2 : Mr.S.I.Muthiah for R4

ORDER

Heard Mr.K. Rajeshwaran, learned Counsel for Revision Petitioner, Mr.P.Kottaichamy, learned Government Advocate for first respondent, Mr.M.Kannan, learned counsel for second respondent, Mr.C.Jeganathan, learned counsel for third respondent, and Mr.S.I.Muthiah, learned counsel for fourth respondent.

2. The present Criminal Revision case has been filed to set aside the order of Judicial Magistrate Court, Peraiyur, dated 04.11.2025 in Cr.M.P.No.2870 of 2025, whereby petition under Sections 497 & 503 of BNSS for interim custody of vehicle viz., JCB bearing registration No.TN-22-CW-9137, was rejected on the premise that if the said vehicle is handed over to petitioner, vehicle may be sold or altered without being produced for trial.

3. Mr.K. Rajeshwaran, learned Counsel for Revision Petitioner would submit that petitioner is owner of the aforesaid vehicle. The said vehicle was seized by the Respondent Police and a case was registered in Crime No.102 of 2025, for offence punishable under section 303(2) of BNS and Section 4(A)(1A) r/w. 21(5) of Mines and Minerals (Development & Regulation) Act, alleging that petitioner’s vehicle was involved in the illegal transportation of sand. Petitioner has filed Cr.MP.No.2870 of 2025 before Judicial Magistrate Court, Peraiyur, to grant interim custody of the said vehicle and the said petition was dismissed by Court below by impugned order dated 04.11.2025 for the reasons stated supra. Hence, this Criminal Revision Case has been filed.

4. Learned Counsel for Petitioner would further submit that the R.C book remains in the name of Mandra Moorthi/ third respondent; third respondent obtained a loan from second respondent and in default of payment, vehicle was sold to fourth respondent, who in turn, sold the vehicle to petitioner. Both third and fourth respondent had filed affidavits, wherein they have stated that they have no objection in transferring the ownership in favour of the petitioner and handing over custody of the vehicle to the petitioner. Petitioner submits that he is the owner of the said vehicle and would abide by any conditions that may be imposed by this Court.

5. Mr.M.Karunanithi, learned Government Advocate (Crl.side)

appearing for respondent, would submit that Registration Certificate of the subject vehicle is in the name of third respondent and on default of payment of loan, vehicle was sold to fourth respondent, who in turn, sold the vehicle to petitioner. In this regard, the Police had enquired with both the respondents 3 and 4, who are erstwhile owners, who had expressed that they have no objection to the transfer of ownership as well as possession in favour of the petitioner. He would further submit that the said vehicle may be released subject to conditions including in case, confiscation proceedings are being initiated, petitioner must co-operate and the same was agreed to by learned counsel for Revision Petitioner.

6. Before proceeding further, it may be relevant to refer to provisions of Sections 497 and 503 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which reads as follows:-

"497. Order for custody and disposal of property pending trial in certain cases.-When any property is produced be