Vignesh vs State Of Tamilnadu Rep By Su
- Court
- Madras High Court
CRL RC(MD) No. 1472 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON: 05.10.2026
DELIVERED ON: 16.10.2026
CORAM
THE HON'BLE MR.JUSTICE B.MURUGESAN
CRL RC(MD) No. 1472 of 2026
CNR:{HCMD011200232026}
Vignesh
..Petitioner
Vs
State Of Tamilnadu Rep By Sub Inspector Of Police,
Fort
Fort Police Station,
Trichy District.
(Crime No. 168 of 2026)
..Respondent
PRAYER: Criminal Revision filed under Section 438 r/w 442 BNSS to
call for the records and SET ASIDE the impugned order passed in
C.M.P.No.7998 of 2026 on the file of the Judicial Magistrate No.1,
Tiruchirappalli dated 12.08.2026 and allow the Criminal Revision
Petition and thus render justice.
For Petitioner: M/s. R. Sangeetha
For Respondent: Mrs.V.Moushica,
Counsel for State of TN(Crl.side)
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CRL RC(MD) No. 1472 of 2026
ORDER
Heard and admitted.
02. With the consent of both parties, this criminal revision was
taken up for final hearing on 05.10.2026.
03. Claiming an order setting aside the dismissal order dated
12.08.2026 of the Judicial Magistrate No.I, Tiruchirappalli, hereinafter
referred to as ‘the trial court’ for the sake of brevity, passed in C.M.P
No.7998/2026, an application filed by the revision
petitioner/petitioner/accused under S.497 r/w S.503 BNSS for an order
granting him interim custody of a vehicle, Kia Carens Clavis Car,
bearing registration number TN 68 AT 1372 (Engine
No.D4FASM548042 and Chassis No.MZBGB813LSN), and two
mobile phones, iPhone 16 Plus and One Plus Nord 2T 5G, the
properties in RP No.106/2026 involved in Cr No.168/2026 under S.420
IPC, on the file of Fort Crime Police Station, Tiruchirappalli Town, the
revision petitioner/ petitioner/ accused has filed this Criminal Revision
Petition under S.438 BNSS.
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04. For the sake of convenience, the parties are referred
hereunder according to their litigative status and ranking in this
criminal revision, 'the revision petitioner' and 'the revision respondent',
unless the context otherwise requires.
05. Sans minute details, the case of the revision petitioner in the
trial court is that a vehicle, Kia Carens Clavis Car, bearing registration
number TN 68 AT 1372 (Engine No.D4FASM548042 and Chassis
No.MZBGB813LSN), and two mobile phones, iPhone 16 Plus and
One Plus Nord 2T 5G, are said to have involved in Cr No.168/2026
under S.420 IPC on the file of Fort Crime Police Station, that in
pursuance of such registration of the criminal case, the aforesaid
properties have been seized by the respondent police, that the aforesaid
properties are now in the interim custody of the respondent police but
without proper care or maintenance, that the aforesaid properties, if left
idle without proper maintenance, would become useless and ruined and
that therefore, the interim custody of the aforesaid properties needs to
be granted to the revision petitioner being the owner thereof.
06. Bereft of unnecessary details, the case of the revision
respondent in the trial court is that the investigation is still pending,
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that if the properties concerned are returned to the revision petitioner,
they would be used for the commission of similar offence or they
might be sold by the revision petitioner and that therefore, this criminal
miscellaneous petition seeking such interim custody of the properties
concerned deserves for dismissal.
07. Neither the revision petitioner nor the revision respondent
has chosen to lead any evidence, either oral or documentary, before the
trial court.
08. On enquiry, the trial court has dismissed the criminal
miscellaneous petition in Crl MP No.7998/2026 on the finding that if
the properties concerned are returned to the revision petitioner, they
would be used for the commission of similar offence or they might be
sold by the revision petitioner.
09. Learned counsel for the revision petitioner would submit that
the dismissal of the claim of interim custody of the properties is not
only against law but also against the settled principles on such grant of
interim custody of the properties, that the trial court, without due
application of its judicial mind, has simply accepted the objections
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raised by the revision respondent and thereby dismissed the criminal
miscellaneous petition in mechanical manner, that therefore, the order
of the trial court is obviously liable to be interfered with and that
therefore, this criminal revision petition, in the interest of justice, needs
to be allowed, setting aside the order of the trial court and thereby
granting the interim custody of the properties concerned.
10. Learned counsel for the State (Crl Side) appearing for the
revision respondent would submit that this is a case where the
petitioner is alleged to have cheated several persons by promising
employment abroad, that the investigation has disclosed further
complaints of similar in nature, that the properties, particularly, the
mobile phones, would have played a vital role in the offence
concerned, that the mobiles phones are required for scientific analysis,
that if the properties concerned are returned to the revision petitioner,
they would be used for the commission of similar offence or they
might be sold by the revision petitioner, that therefore, the order of the
trial court is lawful and perfect and that therefore, this criminal
revision petition deserves for dismissal in limine .
11. Heard both sides, and perused all material records.
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12. On careful consideration of the criminal revision petition
filed by the revision petitioner, the counter filed by the revision
respondent, the related material records and the submissions made on
both sides, this court formulates the following point for determination:
Whether the revision petitioner is entitled to get
such order setting aside the dismissal order dated
12.08.2026 of the Judicial Magistrate No.I,
Tiruchirappalli, passed in Crl MP No.7998/2026, an
application filed by the revision
petitioner/petitioner/accused under S.497 r/w S.503
BNSS for an order granting him interim custody of a
vehicle, Kia Carens Clavis Car, bearing registration
number TN 68 AT 1372 (Engine No.D4FASM548042
and Chassis No.MZBGB813LSN), and two mobile
phones, iPhone 16 Plus and One Plus Nord 2T 5G, the
properties in RP No.106/2026 involved in Cr
No.168/2026 under S.420 IPC on the file of Fort Crime
Police Station, Tiruchirappalli Town, as prayed for?
13. The Point
(1) S.497 BNSS deals inter alia with the custody of the property,
produced before a criminal court, pending investigation, inquiry or
trial. S.498 BNSS deals inter alia with the delivery of the property,
produced before a criminal court, at the conclusion of investigation,
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inquiry or trial. S.503 BNSS deals inter alia with the delivery of the
property, not produced before a criminal court.
(2) S.497 BNSS would read as under:
497. Order for custody and disposal of property
pending trial in certain cases.
(1) When any property is produced before any
Criminal Court or the Magistrate empowered to take
cognizance or commit the case for trial during any
investigation, inquiry or trial, the Court or the Magistrate
may make such order as it thinks fit for the proper custody
of such property pending the conclusion of the
investigation, inquiry or trial, and, if the property is
subject to speedy and natural decay, or if it is otherwise
expedient so to do, the Court or the Magistrate may, after
recording such evidence as it thinks necessary, order it to
be sold or otherwise disposed of.
Explanation.-For the purposes of this section, "property"
includes-(a) property of any kind or document which is produced
before the Court or which is in its custody;
(b) any property regarding which an offence appears
to have been committed or which appears to have
been used for the commission of any offence.
(2) The Court or the Magistrate shall, within a period
of fourteen days from the production of the property
referred to in sub-section (1) before it, prepare a statement
of such property containing its description in such form and
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manner as the State Government may, by rules, provide.
(3) The Court or the Magistrate shall cause to be taken the
photograph and if necessary, videograph on mobile phone
or any electronic media, of the property referred to in sub-
section (1).
(4)The statement prepared under sub-section (2) and
the photograph or the videography taken under sub-section
(3) shall be used as evidence in any inquiry, trial or other
proceeding under the Sanhita.
(5) The Court or the Magistrate shall, within a period
of thirty days after the statement has been prepared under
sub-section (2) and the photograph or the videography has
been taken under sub-section (3), order the disposal,
destruction, confiscation or delivery of the property in the
manner specified hereinafter.
(3) S.498 BNSS (relevant provisions thereof) would read as
under:
498. Order for disposal of property at conclusion of trial.
(1)When an investigation, inquiry or trial in any
criminal case is concluded, the Court or the Magistrate
may make such order as it thinks fit for the disposal, by
destruction, confiscation or delivery to any person
claiming to be entitled to possession thereof or otherwise,
of any property or document produced before it or in its
custody, or regarding which any offence appears to have
been committed, or which has been used for the
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commission of any offence.
(2)An order may be made under sub-section (1) for
the delivery of any property to any person claiming to be
entitled to the possession thereof, without any condition or
on condition that he executes a bond, with or without
securities, to the satisfaction of the Court or the
Magistrate, engaging to restore such property to the Court
if the order made under sub-section (1) is modified or set
aside on appeal or revision.
…………..
…………..
(4) S.503 BNSS (relevant provision thereof) would read as
under:
503. Procedure by police upon seizure of property.
(1)Whenever the seizure of property by any police
officer is reported to a Magistrate under the provisions of
this Sanhita, and such property is not produced before a
Criminal Court during an inquiry or trial, the Magistrate
may make such order as he thinks fit respecting the
disposal of such property or the delivery of such property
to the person entitled to the possession thereof, or if such
person cannot be ascertained, respecting the custody and
production of such property.
…………
(5) Therefore, it is clear that S.497, S.498 and S.503 BNSS deal
with the custody or delivery, as the case may be, of the property
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involved in a criminal case, and such claim of custody or delivery can
be made by a person entitled to the possession thereof.
(6) One vehicle and two mobile phones are said to have involved
in this case on hand and accordingly, the aforesaid properties have
been seized by the police.
(7) On careful study on the order dated 12.08.2026 of the trial
court passed in Crl MP No.7998/2026, this court finds that the trial
court has dismissed the aforesaid application filed under S.497 BNSS
on the ground that if the properties concerned are returned to the
revision petitioner, they would be used for the commission of similar
offence or they might be sold by the revision petitioner.
(8) With regard to the mobile phones, a serious objection has
been raised on the side of the revision respondent to the effect that the
mobiles phones are required for scientific analysis. Therefore, this
court is concerned with interim custody of the vehicle only.
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(9) At this juncture, this court would like to refer to the decision
of Hon'ble Supreme Court in Sunderbhai Ambalal Desai V State of
Gujarat ((2002) 10 SCC 283) and the relevant portion thereof would
read as under:
' 17 . In our view, whatever be the situation, it is of no
use to keep such seized vehicles at the police stations for a
long period. It is for the Magistrate to pass appropriate
orders immediately by taking appropriate bond and
guarantee as well as security for return of the said
vehicles, if required at any point of time. This can be done
pending hearing of applications for return of such
vehicles.'
(10) Selvam V State by Inspector of Police (2012 (1) MWN
(Cr) 288) is also a case where this court, while dealing with the return
of a vehicle to the claimant/accused, has held as under:
' 6 ……………, it would be seen that in
directing return of vehicles, even to Accused persons, in
the manner contemplated in the decisions of the Apex
Court of Sunderbhai Ambalal Desai V State of Gujarat,
2003 (1) CTC 175 and General Insurance Council and
others V State of Andhra Pradesh and others, 2010 (6)
SCC 768, no trampling of powers bestowed upon the trial
Courts under Section 452 CrPC is involved. Therefore, it
would be fit and proper to deal with applications seeking
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return of vehicles without being clouded with the vision of
the claimant being an Accused.'
(11) Incidentally, this court would like to refer to the recent
decision of the Hon'ble Supreme Court in R.Manimaran V State of
Tamil Nadu (2026 INSC 946) , where it has been held as under:
‘ 13 . It cannot be forgotten that the vehicle kept in
the custody of the Police or the Court, during the pendency
of the trial, may deteriorate and become unusable in the
long run.’
(12) It is therefore clear that keeping a vehicle involved in an
offence, either in police station or in court, for a long time is not
warranted and that an application seeking the interim custody of the
vehicle needs to be dealt with judiciously and expeditiously, regardless
of the fact that the applicant is the accused in the offence concerned.
(13) Resultantly, this court holds that the revision petitioner is
entitled to get the interim custody of the vehicle, but not of the mobile
phones, in such terms as detailed hereunder, and this point is decided
accordingly.
14. In the result,
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(1) that this criminal revision petition filed by the revision
petitioner/ petitioner/accused is hereby partly allowed only with respect
to the vehicle , Kia Carens Clavis Car, bearing registration number TN
68 AT 1372 (Engine No.D4FASM548042 and Chassis
No.MZBGB813LSN),
(2) that the order dated 12.08.2026 of the Judicial Magistrate No.
I, Tiruchirappalli, in CMP.No.7998/2026 is hereby reversed only with
respect to the vehicle ,
(3) that the criminal miscellaneous petition in Crl MP
No.7998/2026 on the file of the Judicial Magistrate No. I,
Tiruchirappalli, is hereby allowed only with respect to the vehicle but
on the conditions,
(i) that the revision petitioner/petitioner/accused
shall execute a bond for a sum of Rs.7,00,000/-
with two sureties for the like sum each to the
satisfaction of the Judicial Magistrate No. I,
Tiruchirappalli,
(ii) that the revision petitioner/petitioner/accused
shall file into the court of the Judicial Magistrate No. I,
Tiruchirappalli, the photographs showing all the four
sides of the vehicle along with the original registration
certificate, and
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(iii) that the revision petitioner/petitioner/accused,
in view of the prayer of ‘interim custody’, shall execute
an undertaking, in the form of an affidavit, before the
Judicial Magistrate No. I, Tiruchirappalli, to the effect
that he shall produce the vehicle, as it is , before the
court as and when directed,
(4) that the Judicial Magistrate No. I, Tiruchirappalli, is hereby
directed to hand over the vehicle concerned to the revision
petitioner/petitioner/accused only after the compliance by the revision
petitioner/petitioner/accused of the aforesaid conditions, and
(5) that this criminal revision petition is hereby dismissed with respect
to the mobile phones , iPhone 16 Plus and One Plus Nord 2T 5G.
16-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
GNS
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To
1.The Judicial Magistrate No.1,
Tiruchirappalli.
2.The Sub Inspector Of Police, Fort
Fort Police Station,
Trichy District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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CRL RC(MD) No. 1472 of 2026
B.MURUGESAN, J.
GNS
Pre-Delivery Order made in
CRL RC(MD) No. 1472 of 2026
16-10-2026
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