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Madras High CourtCRL OP/9783/2023disposed of

V.Sakthivel v. Inspector Of Police

2023-05-04Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.05.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.9783 of 2023 V. Sakthivel ... Petitioner Vs.

The State Represented by The Inspector of Police, N1, Royapuram Police Station, Royapuram, Chennai.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent police to comply the order/Memorandum dated 20.03.2023 passed in Crl.M.P.No.2316 of 2023 in Cr.No.3 of 2023 issued by the learned XVI Metropolitan Magistrate, George Town, Chennai thereby return the bike namely Yamaha Gygnus Ray Z (blue colour) bearing registration No.TN 03 P 6931 having Chasis No. ME12NCO1AE2168129 and Engine No.2NC168193 within a time frame and pass orders.

For Petitioner : M/s Bhahawat Krishna For Respondents : Mr. Santhosh Government Advocate ( Crl Side)

ORDER

This petition has been filed to direct the respondent police to comply the order/Memorandum dated 20.03.2023 passed in Crl.M.P.No.2316 of 2023 in Cr.No.3 of 2023 issued by the learned XVI Metropolitan Magistrate, George Town, Chennai thereby return the bike namely Yamaha Gygnus Ray Z (blue colour) bearing registration No.TN 03 P 6931 having Chasis No. ME12NCO1AE2168129 and Engine No.2NC168193 within a time frame and pass orders.

2. The case of the petitioner is that the said vehicle which is a subject matter of this petition was stolen and he has filed a complaint regarding the same before the respondent. Pursuant to which the respondent has recovered the vehicle. However refused to return the same to the petitioner, due to which the petitioner has filed a a petition in Crl.M.P.No.2316 of 2023 in Cr.No.3 of 2023 issued before and the

learned XVI Metropolitan Magistrate, George Town, Chennai vide order dated 20.03.2023 directed to return the vehicle to the petitioner subject to certain conditions. Despite the same the vehicle was not returned to the petitioner. Hence this petition.

3. The learned counsel for the petitioner would submit that the petitioner has complied with the orders passed by the Court below, even though the respondent is refusing to return the vehicle. Hence he prays to allow this petition.

4. The learned Government Advocate ( Crl Side) appearing for the respondent submitted that the petitioner failed to comply with the conditions imposed by the Court below. He further submitted that if the petitioner complies the said conditions they are ready to return the bike.

5. In view of the above, the petitioner is directed to comply with the conditions imposed in the order/Memorandum dated 20.03.2023

passed in Crl.M.P.No.2316 of 2023 in Cr.No.3 of 2023 issued by the learned XVI Metropolitan Magistrate, George Town, Chennai. The respondent is directed to return the bike if the petitioner complies with all the conditions imposed by the Court below.

6. With the above direction, this Criminal Original Petition is disposed of.

04.05.2023 Index:Yes/No Internet: Yes/No smn/kmm To 1.The Inspector of Police, N1, Royapuram Police Station, Royapuram, Chennai.

2.The Additional Public Prosecutor, High Court of Madras

G.K.ILANTHIRAIYAN, J.

smn/kmm Crl.O.P.No.9783 of 2023 04.05.2023