Madras High CourtCRL OP(MD)/5628/2020allowed

T.Katturajan v. The Sub Inspector Of Police

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

Crl.O.P.(MD)No.5628 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.5628 of 2020 1.T.Katturajan 2.R.Karunanithi 3.V.Velu 4.K.Govindan 5.Angu ... Petitioners Vs 1.The State, Rep. by the Sub Inspector of Police, R.S.Manglam Police Station, Ramanathapuram District.

2.Murugapandi ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the first respondent to release the vehicle (Tractors with Tailor) bearing registration Nos.TN 65 F 7938, TN 65 X 8635, TN 65 F 9847, TN 65 AE 6242, TN 65 AF 1328 and TN 65 J 7825 seized pursuant to the FIR in Crime No.61 of 2020 to the petitioners forthwith. For Petitioners : Mr.AL.Kannan For R1 : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

The petitioners are the owners of the petition mentioned vehicles. It appears that those vehicles were seized in connection with Crime No.61 of 2020 registered on the file of the R.S.Mangalam Police Station. The vehicles were seized on the ground that they were engaged in illegal transportation of sand. 2.The petitioner's counsel would however point out that the petitioners had obtained prior permission from the competent authority.

3. I do not want to go into the merits of the matter. The retention of the vehicles with the respondent is not going to serve https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl.O.P.(MD)No.5628 of 2020 any purpose. They would only be loosing their value by being kept in open space. Therefore, the respondent is directed to return the petition mentioned vehicles to the respective petitioners forthwith and without any delay on production of a soft copy of this order. 4.The petitioners through his counsel gives an undertaking that the vehicles will be produced before the jurisdictional Magistrate Court as and when required. They also give a further undertaking that they will not alienate the vehicles in question. 5.The learned Government Advocate (Crl.side) points out that the original RC books may be directed to be handed over. 6.I make it clear that if the undertaking given before this Court is breached, the petitioners will have to face serious consequence including initiation of proceedings for contempt of Court.

7.With this direction, this Criminal Original Petition is allowed.

Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi 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 Sub Inspector of Police, R.S.Manglam Police Station, Ramanathapuram District.

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

Crl.O.P(MD)No.5628 of 2020 01.06.2020 AP(02/06/2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/4