Madras High CourtCRL OP(MD)/22149/2023disposed of

S.Pandiyan v. The Inspector Of Police

2023-12-08Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.ILANGOVAN S.Pandiyan ... Petitioner Vs

1. The Inspector of Police, Maruvur Police Station, Thanjavur District, Crime No.105/2023.

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

... Respondents PRAYER: Criminal Original Petition filed under 482 of Cr.P.C, praying this Court to direct the 1st respondent to communicate the 2nd respondent to return the bulls to the petitioner forthwith sent by the 1st respondent to the 2nd respondent in light of the petitioner's representation, dated 17.11.2023. For Petitioner : Mr. Dhilipan Pandian R L For Respondents : Mr.M.Sakthikumar Government Advocate (Crl.Side) 1/4

ORDER

This Criminal Original Petition to direct the 1st respondent to communicate the 2nd respondent to return the bulls to the petitioner forthwith, which is sent by the 1st respondent to the 2nd respondent in light of the petitioner's representation, dated 17.11.2023. 2.It appears that even though the cart has been recovered as per the seizure mahazar, the bulls that have been tied with the cart are not the case properties. Hence, they have been sent to the Kosalai, who is the second respondent herein. Only the acknowledgment has been produced. 3.The learned Government Advocate (Crl.Side) submitted that since the petitioner was arrested on the spot itself and no person is available to take care of the bulls, they have been sent to the Kosalai for the purpose of maintenance.

4. Since the property has not been shown as case properties, there is no remedy is available to the petitioner under Section 451 Cr.P.C. 2/4

5.There shall be a direction to the second respondent to hand over the bulls to the petitioner under proper acknowledgment. The petitioner also directed to bear the expenses for the maintenance amount of the above said Kosalai at the rate of Rs.250/- per day. 6.With the above directions, this Criminal Original Petition is disposed of.

08.12.2023 NCC : Yes/No Index : Yes / No Internet: Yes/ No PNM To

1. The Inspector of Police, Maruvur Police Station, Thanjavur District, Crime No.105/2023.

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

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

G.ILANGOVAN, J.

PNM 3/4

ORDER IN 08.12.2023 4/4