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2026 Supreme(Online)(Mad) 29509

IN THE HIGH COURT OF JUDICATURE AT MADRAS
L. VICTORIA GOWRI, J
Selva Micheal Thurai – Appellant
Versus
State of Tamilnadu Rep by Inspector of Police, Suchindram Police Station, Kaniyakumari District – Respondent


Advocates:
For Petitioner:M/s. K. Sasiprabha, Advocate
For Respondent: Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor, Mr.M.Sakthi Kumar

Table of Content
1. prosecution case and magistrate's dismissal of vehicle return. (Para 2 , 3)
2. court weighs retention utility against vehicle depreciation. (Para 4 , 7)
3. respondent opposes custody; petitioner urges deterioration risk. (Para 5 , 6)
4. revision allowed with conditions for interim custody. (Para 9)

ORDER

This Criminal Revision Petition is filed to call for the records relating to the order of the learned Judicial Magistrate No.III, Nagercoil, in Crl MP No.3148/2025 dated 11.03.2026 filed by the petitioner under Section 497 of BNSS and set aside the same as illegal and entrust the custody of the vehicle to the petitioner and allow the above Criminal Revision Petition.

2. The case of the prosecution is that the respondent registered a FIR in Crime No.362 of 2025 for an alleged offence under Section 303(2) and 21(1) of Mines and Minerals (Development and Regulation) Act, 1947, for having involved in the commission of the alleged offence through TATA ACE MEGA Tempo Van bearing registration No.TN 74 AP 8150. Subsequently, the petitioner's vehicle was seized. Thereafter, the petitioner filed Crl MP No.3148/2025 for the return of vehicle before the learned Judicial Magistrat

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