CRL OP/9110/2026 of Tharun Vs State Rep. by
CRL OP No. 9110 of 2026
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-04-2026
CORAM
THE HON'BLE MR JUSTICE M. NIRMAL KUMAR
CRL OP No. 9110 of 2026
Tharun
S/o. Rajan,
No.3/13, Mayavathi Street,
Tirunmanam Village,
Valayalanallur,
Tiruvallur.
..Petitioner(s)
Vs
State Rep. by
The Inspector of Police
Pattibaram Police Station,
Cr.No.334/2025
..Respondent(s)
Criminal Original Petition is filed under Section 528 BNSS to m odify the
conditions viz., 6 (i) (ii) imposed by the Judicial Magistrate-II, T iruvallur in Crl
M.P. No.203/2026 dated 25-3-2026 in T-9 Pattabiram Cr.No.334/2025 and pass
such further or other orders as this Honorable Court may deem fit a nd proper in
the circumstances of the case and thus render justice.
For Petitioner(s): M/S. D. Senthil
For Respondent(s): M/S. LEONARD ARUL JOSEPH SELVAM
ADDITIONAL PP
https://www.mhc.tn.gov.in/judis
CRL OP No. 9110 of 2026
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ORDER
The petitioner has filed this petition seeking modification of the order
passed by the Judicial Magistrate – II, Tiruvallur, in a petition f iled by the
petitioner for return of property.
2. The petitioner who is the owner of the vehicle – ‘JCB’ bearing
Reg.No.TN-12-X- 0645 which was seized by the respondent in view of the case
registered in Cr.No.334/2025, had filed a petition in Cr.M.P.No.203/2026
seeking return of property. The learned Judicial Magistrate – II, Tiruvallur, by
an order dated 25.032026, ordered interim custody of the said vehicle in fa vour
of the petitioner with certain conditions and one of the conditions is that the
petitioner has to execute a bond for Rs.30,00,000/- and the other condition is
that the Original Registration Certificate of JCB in the name of the petitioner
has to be surrendered.
3. The contention of the petitioner is that the said vehicle itself is valued
only Rs.5,00,000/-, however, the lower Court has imposed a condition to
execute bond for a sum of Rs.30,00,000/- which is onerous. Further, the
Original Registration Certificate has to be kept along with the vehicle as it
would be verified by the Police Officials or the Transport Authorit ies during
inspection.
https://www.mhc.tn.gov.in/judis
CRL OP No. 9110 of 2026
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4. The learned Public Prosecutor submitted that the petitioner is the
owner of the said vehicle and he is not an accused in this case.
5. The learned counsel for the petitioner submitted that the petiti oner is
ready and willing to execute bond for a sum of Rs.25,000/- as a condition f or
interim custody of the said vehicle.
6. Considering the submissions, this Court modifies Condition Nos.6(i)
& (ii) imposed in the order dated 25.03.2026 in Cr.M.P.No.203/2026 in
Cr.No.334/2025 on the file of the Judicial Magistrate – II, Tiruvallur t o the
following extent:
“6 (i). The petitioner is directed to execute bond for a sum of R s.25,000/-
(Twenty Five Thousand only) with two sureties to the satisfaction of the lower
Court.
6 (ii). The petitioner shall produce the photocopies of the Original
Registration Certificate with his self-attestation. On production of the same, the
Original Registration Certificate has to be handed over to the petitioner.”
7. The other conditions imposed in the order dated 25.03.2026 in
Cr.M.P.No.203/2026 in Cr.No.334/2025 on the file of the Judicial Magistrate –
https://www.mhc.tn.gov.in/judis
CRL OP No. 9110 of 2026
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II, Tiruvallur, remains unaltered.
8. In view of the above, this Criminal Original Petition is disposed.
10-04-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
BKN
https://www.mhc.tn.gov.in/judis
CRL OP No. 9110 of 2026
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To:
1. The Inspector of Police
Pattibaram Police Station,
Cr.No.334/2025
2. The Judicial Magistrate – II, Tiruvallur
https://www.mhc.tn.gov.in/judis
CRL OP No. 9110 of 2026
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M.NIRMAL KUMAR, J.
BKN
CRL OP No. 9110 of 2026
10-04-2026
https://www.mhc.tn.gov.in/judis