Madras High CourtCRL OP(MD)/13343/2018closed

A.Thavamani v. The Commissioner Of Police

2018-07-30Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD).No.13343 of 2018 A. Thavamani .... Petitioner Vs.

1.The Commissioner of Police, 2.The Assistant Commissioner of Police (L& O) Thallakulam, Madurai - 2 3.The Assistant Commissioner of Police, Anna Nagar Circle, Madurai - 20 4.The Inspector of Police (L & O) Thallakulam Police Station, Thallakulam, Madurai City.

5.The Inspector of Police (L & O), Anna Nagar Pollice Station, 6.Sundara Mahalingam 7.Babu ... Respondents Prayer: This petition is filed under Section 482 of the Cr.P.C to direct the respondent No. 5 to return the vehicle which is illegally detained in his police station by the respondent No.6 on the instigation of respondent Nos. 7 based on the petitioner's representation on 23.07.2018.

For Petitioner : Mr.M. Mohamed Rafi For respondents : Mr. K.K. Ramakrishnan R1 to R5 Additional Public Prosecutor

O R D E R

This petition is filed for issuing a direction to the respondent No. 5 to return the vehicle, which is illegally detained in his police station by the respondent No.6 on the instigation of respondent No. 7, based on the petitioner's representation on 23.07.2018.

2. The case of the petitioner is that his Two Wheeler viz., Hero Honda Splender bearing Regn. No. TN AH 59 9608 is in the custody of Anna Nagar Police Station, Madurai City, without any justification. The petitioner of course has a certain narration of events, which led to the filing of this Criminal Original Petition.

3. When the matter was taken up for hearing, the learned Additional Public Prosecutor appearing for the prosecution would submit that the petitioner can come to the Anna Nagar Police Station this evening and take back his vehicle.

4. Recording the said submission, this Criminal Original Petition is closed. The petitioner shall of course carry with him the relevant records pertaining to the ownership of the vehicle. Upon verifying the same, the Anna Nagar Police is directed to hand over the vehicle to the petitioner.

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar (cs-I) To 1.The Commissioner of Police, 2.The Assistant Commissioner of Police (L& O) Thallakulam, Madurai - 2 3.The Assistant Commissioner of Police, Anna Nagar Circle, Madurai - 20 4.The Inspector of Police (L & O) Thallakulam Police Station, Thallakulam, Madurai City.

5.The Inspector of Police (L & O), Anna Nagar Pollice Station, 6.The Additional Public Prosecutor, Madurai Bench Of Madras High Court, Madurai.

+1CC to Mr.M.Mohamed Rafi, Advocate in SR.No.76314. TRP/MR DS/RSK/SAR-1 :09.08.2018: 3P/8C Crl.O.P(MD).No.13343 of 2018 30.07.2018