Manikandan v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Manikandan S/o. Ramu No.278, Palla Street, Arasanpalli Post, Chithalapakkam, Mamandur, Thiruvannamalai District.

... Petitioner Vs.

The State rep. by its, The Inspector of Police, Magaral Police Station, Kancheepuram District.

(Cr.No.32 of 2020) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the Principal District and Sessions Judge, Chengalpet to dispose the petition filed by the petitioner in Crl.M.P.No.293 of 2020 praying to release his vehicle, Tata lorry Bearing Registration No.TN-23 AF-1257 seized in Crime No.32/2020 and hand over the same to the petitioner which is under the custody of respondent within the stipulated time. For Petitioner : Mr.L.Ramu For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor.

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O R D E R

This petition has been filed for a direction, directing the Principal District and Sessions Judge, Chengalpet to dispose the petition filed by the petitioner in Crl.M.P.No.293 of 2020 praying to release his vehicle, Tata lorry Bearing Registration No.TN-23 AF-1257 seized in Crime No.32/2020 and hand over the same to the petitioner which is under the custody of respondent.

2. The vehicle owned by the petitioner bearing registration No. TN-23 AF-1257 was involved in Crime No.32 of 2020. After seizing the vehicle, it was deposited. The petitioner filed a petition under Section 451 of Cr.P.C. for returning of his vehicle before the Principal District and Sessions Judge, Chengalpet. 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 of Cr.P.C. for return of the vehicle bearing registration No.TN-23 AF-1257. Immediately, on receipt of the same, the Principal District and Sessions Judge, Chengalpet, is directed to consider the same and pass orders. Since the petition itself is for 2/4

return of vehicle, the same shall be considered as an urgent petition.

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, Chengalpet.

2. The Inspector of Police, Magaral Police Station, Kancheepuram District.

3. The Public Prosecutor, High Court, Madras.

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G.K.ILANTHIRAIYAN, J.

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