S.Govindarajan v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 05.03.2020

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.4344 of 2020 S.Govindarajan

...Petitioner/Accused

Vs State, Inspector of Police, CBCID- HQRS, Metro-Chennai Police Station, Egmore, Chennai.

Crime No.4 of 2020.

...Respondent/Defacto Complainant

Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the respondent to consider petitioner's representation dated 21.02.2020 to release the vehicle Innova Crysta, Avant Garde Bronze Colour, bearing registration number TN-05: BV - 3866, owned by the petitioner, within the stipulated time.

For Petitioner : Mr.S.P.Arthi For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

The petition has been filed to direct the respondent to consider petitioner's representation dated 21.02.2020 to release the vehicle Innova Crysta, Avant Garde Bronze Colour, bearing registration number TN-05: BV - 3866, owned by the petitioner. 2.The learned counsel for the petitioner submitted that petitioner's brother was alleged to be involved in the case related to Tamilnadu Public Service Commission's examination and was remanded to custody. Pursuant to that, the petitioner's vehicle, which was in possession of his brother at the relevant time, was seized by the respondent and the same is still under the custody of the respondent.

3.The learned Additional Public Prosecutor submitted that the petitioner's brother is involved in a Crime No.4/2020 for the offences under Sections 120A, 120B, 121 IPC r/w 464, 466, https://hcservices.ecourts.gov.in/hcservices/

468, 470, 471, 481, 482, 484, 485, 487 and 488 IPC. The custody of the vehicle has necessarily to be with the respondent for proceeding with the case further. Hence, the petition is liable to be dismissed.

4.Considering the facts and circumstances of the case, prayer sought for in this Petition cannot be granted and this Criminal Original Petition is dismissed.

However, the petitioner is at liberty to approach the concerned forum for appropriate relief in the manner known to law. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar jas To

1. The Inspector of Police, CBCID- HQRS, Metro-Chennai Police Station, Egmore, Chennai.

2. The Public Prosecutor, High Court, Madras.

+1cc to M/s.S.P.Arthi, Advocate, S.R.No.20370 Crl.O.P.No.4344 of 2020 PVS(CO) KKV/17/06/2020 https://hcservices.ecourts.gov.in/hcservices/