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Madras High CourtCRL OP(MD)/12687/2022disposed of

Manikandan v. The Inspector Of Police

2022-07-14Honourable Mr Justice V.Sivagnanam5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No.12687 of 2022 Manikandan ... Petitioner Vs

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

(Crime No.119 of 2022)

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

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to issue a direction to the first respondent to communicate the second respondent to return the bulls to the petitioner's forthwith sent by the first respondent to the second respondent in the light of the petitioner's representation dated 05.07.2022.

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For Petitioner : Mr.R.L.Dhilipan Pandian For R1 : Mr.R.Suresh Kumar Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed for a direction to the first respondent to communicate the second respondent to return the bulls to the petitioner's forthwith, sent by the first respondent to the second respondent, in the light of the petitioner's representation, dated 05.07.2022.

2. The learned counsel for the petitioner submitted that, on 02.04.2022, when the de-facto complainant was indulged in his regular patrolling duty, the petitioner is said to have illegally transported 1⁄4 unit of sand in his bullock cart and on seeing the de-facto complainant, the accused persons tried to escape from the scene of occurrence. Hence the complaint. Now, a case in Crime No.119 of 2022 has been registered, for the offence under Sections 379 of IPC and Section 21(1) of Mines and mineral (Development & Regulation) Act. He further submitted that the first respondent handed over the bulls to the second respondent for maintenance. The petitioner's bulls were in the custody of the second respondent for the 2/5

past 30 days. Therefore, he has filed this petition to return the bulls to the petitioner immediately, considering the representation of the petitioner's dated 05.07.2022.

3. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the first respondent submitted that the petitioner's representation has received by the police on 05.07.2022.

4. Recording the same, the first respondent is hereby directed to consider the petitioner's representation, dated 05.07.2022, and to take suitable action in accordance with law and to give instruction to the second respondent to return the bulls to the petitioner.

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

14.07.2022 Internet:Yes./No Index:Yes/no ebsi 3/5

To

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

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

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V.SIVAGNANAM, J.

ebsi ORDER IN CRL.O.P (MD) No.12687 of 2022 14.07.2022 5/5