Madras High Court
P.Suseela vs The State Represented By on 2 July, 2020
Equivalent citations: AIRONLINE 2020 MAD 1687
Author: B.Pugalendhi
Bench: B.Pugalendhi
Crl.O.P.(MD)No.6925 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.07.2020
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
Crl.O.P(MD)No.6925 of 2020
P.Suseela :Petitioner/3rd Party
Vs
1.The State represented by
The Sub Inspector of Police
Sendhamaram Police Station
Tirunelveli District
(Crime No.240 of 2020) : Respondent/Complainant
2.Krishnakumar :Respondent/Accused No.4
PRAYER: Petition filed under Section 482 Code of Criminal
Procedure, to direct the respondent police to release the White
Coloured Ashok Leyland Limited Heavy Goods Vehicle (container)
bearing Registration No.TN 66 Q 7584 which was seized by the
respondent police in connection with Crime No.240 of 2020 dated
16.05.2020.
For Petitioner : Mr.S.Palani Velayutham
For Respondent No.1 : Mr.K.K.Ramakrishnan
Additional Public Prosecutor
http://www.judis.nic.in1/5
Crl.O.P.(MD)No.6925 of 2020
ORDER
This petition has been filed for a direction to the respondent police to release the White Coloured Ashok Leyland Limited Heavy Goods Vehicle (container) bearing Registration No.TN 66 Q 7584 which was seized by the respondent police in connection with Crime No.240 of 2020 dated 16.05.2020.
2.The case of the petitioner is that on violation of lock down, the petitioner's vehicle bearing Registration No.TN-66-Q -7584 has been seized by the respondent police on 16.05.2020 in Crime No.240 of 2020, but the vehicle has not been produced before the concerned Judicial Magistrate.
3.The learned counsel for the petitioner submits that though the petitioner is not arrayed as an accused in Crime No.240 of 2020, he is not in a position to get back the vehicle seized by the respondent police in the above said crime number. Hence, the petitioner is before this Court.
http://www.judis.nic.in2/5 Crl.O.P.(MD)No.6925 of 2020
4.The learned Additional Public Prosecutor, on instructions, submits that the petitioner's vehicle has been seized pursuant to the case registered in Crime No.240 of 2020 for the offence under Sections 482, 483, 486, 420 I.P.C and Section 103(a) and 104 of Trade Marks Act, 1999. He further submits that due to Covid-19 pandemic, the respondent police is not in a position to produce the vehicle before the concerned Magistrate Court.
5.Heard, Mr.S.Palani Velayutham, learned counsel for the petitioner and Mr.K.K.Ramakrishnan, learned Additional Public Prosecutor appearing for the State.
6. In view of the limited prayer sought for by the petitioner, the respondent police is directed to produce the petitioner's vehicle before the concerned Judicial Magistrate Court within a period of one week from the date of receipt of a copy of this order. It is open to the petitioner to file a necessary application under Section 451 of Cr.P.C. for releasing her vehicle. If such a petition is filed, the concerned learned Judicial Magistrate shall entertain the said application and pass orders as per the guidelines given by the http://www.judis.nic.in3/5 Crl.O.P.(MD)No.6925 of 2020 Hon'ble Supreme Court in the case of Sunderbhai Ambalal Desai vs. State of Gujarat, reported in (2002) 10 SCC 290, . within a period of two weeks thereafter.
7.With the above direction, this Criminal Original Petition is disposed of.
02.07.2020 Index :yes/No Internet:yes/No msa/vsm 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 Sub Inspector of Police Sendhamaram Police Station Tirunelveli District (Crime No.240 of 2020)
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
http://www.judis.nic.in4/5 Crl.O.P.(MD)No.6925 of 2020 B.PUGALENDHI. J.
msa/vsm Crl.O.P(MD)No.6925 of 2020 02.07.2020 http://www.judis.nic.in5/5