Madras High CourtCRL OP/9619/2020disposed of

K.Gopi v. The State Rep. By

2020-06-29Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.06.2020

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.9619 of 2020 K.Gopi ... Petitioner/Accused No.2 Vs.

The State rep. by The Inspector of Police, Kandamangalam Police Station, Villupuram District.

(Crime No.537 of 2020) ... Respondent/Complainant Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent to assign PR number to the petitioner's Tipper Lorry bearing Reg.No.TN-45-BF7564 seized on 11.02.2020 in Crime No.51 of 2020 pending on the file of the respondent.

For Petitioner : Mr.B.Nambiselvan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed for a direction directing the respondent to assign PR number to the petitioner's Tipper Lorry bearing Reg.No.TN-45-BF-7564 which was seized on 05.06.2020 pursuant to the Crime No.51 of 2020 registered against the petitioner.

2. The vehicle belonging to the petitioner was seized by the respondent Police in Crime No.51 of 2020 for the offence under Sections 294(B), 353, 307, 379, 430 I.P.C r/w 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 r/w Section 3 of TN Public Property (PRVNT of Damage and Loss) Act 1992. Thereafter, the petitioner filed a petition for release of the vehicle under section 451 Cr.P.C., before the learned Principal District and Sessions Judge, Villupuram. The petition was not entertained by the Court below and the same was returned for the reason that no vehicle was deposited in Crime No.51 of 2020. Therefore, the present Criminal Original Petition has been filed before this Court.

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3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent.

4. Considering the above facts and circumstances of the case, the respondent is directed to deposit the Tipper Lorry bearing Reg.No.TN-45-BF-7564 which was seized from the petitioner pursuant to the Crime No.51 of 2020 within a period of one week from the date of receipt of a copy of this order. On such deposit, the petitioner is at liberty to file a fresh petition to release of his vehicle under Section 451 Cr.P.C. With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar asi To

1. The Inspector of Police, Kandamangalam Police Station, Villupuram District.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.9619 of 2020 pp[co] srg 30/07/2020 https://hcservices.ecourts.gov.in/hcservices/