Madras High CourtCRL OP(MD)/13807/2023disposed of

Dhanush v. The Superintendent Of Police

2023-08-02Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:02.08.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P(MD) No.13807 of 2023 Dhanush ... Petitioner Vs 1.The Superintendent of Police, Virudhunagar District.

2.The Inspector of Police, Virudhunagar East Police Station, Virudhunagar District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent to hand over the twowheeler vehicle bearing registration No.TN-67-BP-4630 (Bajaj Pulzar NS 125) to the petitioner, which was seized illegally by the respondent police on 02.07.2023.

For Petitioner : Mr.S.Ramasamy For R1 & R2 : Mr.B.Thanga Aravindh Government Advocate (Criminal side) 1/4

O R D E R

This Criminal Original Petition is filed seeking for a direction to the respondent police to return the two-wheeler bearing registration No.TN-67BP-4630.

2. It is submitted by the learned counsel for the petitioner that on 02.07.2023 at about 11.00 p.m., when the petitioner was standing at his house along with his two-wheeler bearing registration No.TN-67-BP-4630, the police came on patrolling duty and on seeing the police out of fear the petitioner ran away by leaving his two-wheeler. Accordingly his two-wheeler was taken by the police and in spite of making efforts, the said vehicle has not been returned so far. The complaint has also sent to the Senior Officers but there was no response thereby the present petition has been filed seeking suitable directions.

4. The learned Government Advocate (Crl.side) appearing for the respondents submitted that since the petitioner has left the vehicle along with key and ran away, thereby, police suspected that the vehicle might have been involved in criminal case, thereby police have taken the vehicle to the police station. He further submitted that if the petitioner approaches the respondent police along with original RC book and other required documents, like, 2/4

Insurance policy etc., the respondent police have no objection to hand over the vehicle to the petitioner.

5. Considering the circumstances, this Criminal Original Petition is disposed of directing the petitioner to approach the respondent police along with original RC book, Insurance Police etc., and also the petitioner's ID card and Adhar Card to establish the identity, on which, the respondent police are directed to hand over the two-wheeler to the petitioner, in case, if the vehicle is not involved in any criminal case.

NCC:yes/no Index:yes/no 02.08.2023 Internet:yes/no am To 1.The Superintendent of Police, Virudhunagar District.

2.The Inspector of Police, Virudhunagar East Police Station, Virudhunagar District.

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

3/4

DR.D.NAGARJUN, J.

am Crl.O.P.(MD)No.13807 of 2023 02.08.2023 4/4