Madras High CourtCRL OP/11552/2020disposed of

Gunasekar v. State Rep. By

2020-08-05Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Gunasekar S/o. Munusamy Kumbuli Village, Edur Post, Thiruvallur District.

... Petitioner Vs.

The State rep. by its, The Inspector of Police, Arambakkam Police Station, Thiruvallur District.

(Cr.No.715 of 2020) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the Principal District Court, Thiruvallur to receive the return of property petition bearing Registration No.TN-18-K-6210 from the petitioner in connection with Crime No.715 of 2020 on the file of the respondent. For Petitioner : Mr.R.Sasikumar For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor.

O R D E R

This petition has been filed for a direction, directing the Principal District Court, Thiruvallur to receive the return of property petition bearing 1/4

Registration No.TN-18-K-6210 from the petitioner in connection with Crime No.715 of 2020 on the file of the respondent.

2. The vehicle owned by the petitioner bearing registration No. TN-18-K-6210 was involved in Crime No.715 of 2020. After seizing the vehicle, it was deposited. The petitioner filed a petition under Section 451 & 457 of Cr.P.C. for returning of his vehicle before the Principal District and Sessions Judge, Tiruvallur. However, it was returned for the reason that during lock down period, only emergent bail petitions alone are entertained and therefore, the petition shall be filed only after the period of lock down.

3. Considering the above facts and circumstances of the case, the petitioner is directed to re-present the petition under Section 451 & 457 of Cr.P.C. for return of the vehicle bearing registration No.TN-18-K-6210. Immediately, on receipt of the same, the Principal District and Sessions Judge, Tiruvallur, is directed to consider the same and pass orders. Since the petition itself is for return of vehicle, the same shall be considered as an urgent petition.

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4. With the above directions, the Criminal Original Petition is disposed of.

05.08.2020 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order dh To

1. The Principal District and Sessions Judge, Tiruvallur.

2. The Inspector of Police, Arambakkam Police Station, Thiruvallur District.

3. The Public Prosecutor, High Court, Madras.

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G.K.ILANTHIRAIYAN, J.

dh 05.08.2020 4/4