Madras High CourtCRL OP(MD)/4609/2022allowed

Prabhakaran @ Thirisangu v. The Inspector Of Police

2022-03-10Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.4609 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD)No.4609 of 2022 Prabhakaran @ Thirisangu ... Petitioner Vs.

1. The Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District.

(Crime No.143 of 2022)

2. The Manager, Ayar Kosalai, Vaanathi Rajapuram, Kuthalam Route, Mayiladuthurai.

...Respondents/Complainant

Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the second respondent to handover the bulls to the petitioner forthwith in light of the communication, dated 26.02.2022 made by the first respondent.

For Petitioner : Mr.R.Dhilipan Pandian For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Criminal Side) for R.1

ORDER

This petition has been filed for directing the second respondent to hand over the bulls to the petitioner in the light of the communication, dated 26.02.2022 on the file of the first respondent herein.

2. The petitioner is an accused in Crime No.143 of 2022 registered by the first respondent for the offences under Sections 379 IPC and 21(1) Mines and Minerals (Development & Regulation) Act, 1957.

3. The case of the prosecution is that on 16.02.2022, the petitioner along with other accused persons illegally transported half unit of sand in their bullock cart. Pursuant to the said crime, the bullock cart was seized along with bulls and now, they https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.4609 of 2022 are in the custody of the second respondent. The petitioner was granted bail and thereafter, the first respondent requested the second respondent to hand over the bulls which were recovered, to the petitioner vide communication, dated 26.02.2022. Even then, the second respondent did not consider the same and failed to hand over the bulls to the petitioner.

4. In view of the above, the second respondent is directed to release the bulls in favour of the petitioner which were seized pursuant to the Crime No.143 of 2022 on the file of the first respondent forthwith.

5. With the above direction, this Criminal Original Petition is allowed.

Sd/- Assistant Registrar (AD I) // True Copy // / /2022 Sub Assistant Registrar(CS) mga Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To

1. The Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.4609 of 2022 10.03.2022 MGJ(25.03.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2