Madras High CourtCRL OP(MD)/5609/2020allowed

V. Subramanian v. Sub-Inspector Of Police

2020-06-01Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.5609 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.06.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.5609 of 2020 V.Subramanian ... Petitioner Vs State, Rep. by Sub Inspector of Police, Kamuthi Police Station, Cr.No.246/2020, Ramanthapuram District.

... Respondent PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the respondent to release the bus of the petitioner bearing No.TN 58 X 8209, which was seized by the respondent on 09.05.2020 within a time frame as fixed by this Court. For Petitioner : Mr.K.Suresh For Respondent : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

Heard the learned counsel on either side.

2.The petitioner seeks release of the petition mentioned bus. 3.The learned Government Advocate (Crl.side) states that in violation of the lock down restrictions, the petitioner had operated the vehicle in question and hence, an FIR has also been registered against the petitioner. In the context, the vehicle was seized. 4.I am of the view that keeping the vehicle in the custody of the respondent police is not going to serve any purpose. It will only lead to diminution of its value. It is also stated that the vehicle was not produced before the jurisdictional Magistrate. 5.In these circumstances, the respondent is directed to return the vehicle to the petitioner herein forthwith and without any delay upon production of a soft copy of this order. The petitioner through his counsel gives an undertaking that the vehicle in question will be produced as and when required and that it will not be alienated without getting orders from this Court. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.5609 of 2020 6.Subject to these conditions, this Criminal Original Petition is allowed.

Sd/- Assistant Registrar (ADII) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi To 1.The Sub Inspector of Police, Kamuthi Police Station, Cr.No.246/2020, Ramanthapuram District.

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

Crl.O.P(MD)No.5609 of 2020 01.06.2020 KB(09.06.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2