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Madras High CourtCRL OP(MD)/9558/2022disposed of

Radhakrishnan v. The Inspector Of Police

2022-05-19Honourable Mrs Justice T.V.Thamilselvi2 pages

Crl.O.P.(MD)No.9558 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 19.05.2022

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.(MD)No.9558 of 2022 1.Radhakrishnan 2.Prakash ... Petitioners Vs.

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

(Crime No.208 of 2022)

2. The Manager, Nandhi Kishore Kosalai, Agraharam Theru, Ranganathapuram, Thirukattupalli, Budalur, Thanjavur.

...Respondents/Complainant

Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the 1st respondent to communicate the 2nd respondent to return the bulls to the petitioners forthwith in light of the petitioner's representation dated 17.05.2022 sent by the 1st respondent to the 2nd respondent.

For Petitioners : Mr.R.L.Dhilipan Pandian For Respondents : Mr.B.Nambi Selvan, Addl. Public Prosecutor for R1.

ORDER

This petition has been filed to direct the 1st respondent to communicate the 2nd respondent to return the bulls to the petitioners forthwith in light of the petitioner's representation dated 17.05.2022 sent by the 1st respondent to the 2nd respondent.

2. The petitioners are accused in Crime No.208 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 04.05.2022, the petitioners 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 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.9558 of 2022 the petitioner vide communication, dated 17.05.2022. 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 petitioners which were seized pursuant to the Crime No.208 of 2022 on the file of the first respondent forthwith.

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

Sd/- Vacation Officer // True Copy // / /2022 Sub Assistant Registrar(CS) ias 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 Manager, Nandhi Kishore Kosalai, Agraharam Theru, Ranganathapuram, Thirukattupalli, Budalur, Thanjavur.

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

ORDER MADE IN Crl.O.P.(MD)No.9558 of 2022 19.05.2022 PKP/26.05.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2