Madras High CourtCRL OP(MD)/10652/2021disposed of

Chandran @ Santhanam v. The Superintendent Of Police

2021-08-05Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.10652 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.10652 of 2021 Chandran @ Santhanam ... Petitioner Vs.

1.The Superintendant of Police, Tenkasi District, Tenkasi.

2.State representated by The Inspector of Police, Kuruvikulam Police Station, Tenkasi District.

(Crime No.36 of 2020) ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent to return the cash for a sum of Rs.1,06,120/- 1⁄2 sovereign golden ring, a cell phone and the papers which were seized at the time of arrest made in Crime no.36 of 2020, on the file of the second respondent police.

For Petitioner : Mr.V.Sasi Kumar For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

This petition is filed to direct the second respondent to return the cash of Rs.1,06,120/- 1⁄2 sovereign golden ring, a cell phone and the papers which were seized at the time of arrest made in Crime no.36 of 2020, on the file of the second respondent police. 2.The grievance of the petitioner is that even though he was remanded to custody, the above said cash Rs.1,06,120/-, 1⁄2 sovereign golden ring, a cell phone and the papers seized from him were not returned to him. Hence, he sent a representation to the respondent. So for no action has been taken by the respondent police. Hence, this petition.

3.The learned Additional Public Prosecutor would submit that four previous cases are pending against the petitioner. History Sheet is also maintained in the name of the petitioner. Since arrest https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.10652 of 2021 has been made in Crime no.36 of 2020, with malafide intention this complaint has been alleged to have been given by him and the same was closed after enquiry on 16.01.2021 itself. Absolutely, there is no truth in the complaint made by the petitioner. 4.Let the closure report be circulated to the learned counsel for the petitioner. The petitioner is directed to work out his remedy before the appropriate Forum through appropriate proceedings, since disputed question of facts cannot be decided in this petition.

5.With such liberty, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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 Superintendant of Police, Tenkasi District, Tenkasi.

2.State representated by The Inspector of Police, Kuruvikulam Police Station, Tenkasi District.

(Crime No.36 of 2020) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.V.SASI KUMAR, Advocate ( SR-25475[F] dated 06/08/2021 ) Crl.O.P.(MD)No.10652 of 2021 05.08.2021 MGJ(12.08.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2