Allowed

Ramachandran v. The Inspector of Police

Madras HC12 Jan 2024CRL OP(MD)/544/2024

Case brief

AI extract

What is this about?

The court disposed of a criminal original petition seeking direction to return cattle detained by police and sent to a third party for maintenance. The court directed the custody manager to return the bulls upon execution of a bond and payment of maintenance expenses.

What did the court decide?

Direction to second respondent to hand over bulls to petitioner upon execution of bond for Rs.25,000/- and payment of maintenance expenses at Rs.250/- per day.

Ramachandran Vs The Inspector of Police — Labour and Industrial Disputes | Madras HC (2024)

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Crl.O.P.(MD) No.544 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 12.01.2024

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CORAM

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THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

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CRL.O.P (MD) No.544 of 2024

Ramachandran

...Petitioner

1.The Inspector of Police, Maruvur Police Station, Thanjavur District, Crime No.101 of 2023

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2.The Manager, Nandhi Kishore Salai, Agraharam Theru, Ranganathapuram, Thirukattupalli, Budalur, Thanjavur. ...Respondents

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PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the 1^st respondent to communicate the 2^nd respondent to return the bulls to the petitioner forthwith sent by the 1^st respondent to the 2^nd respondent in light of the petitioner's representation dated 19.12.2023 on the file of the respondent police.

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For Petitioner : Mr.B.Vetrivel

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD) No.544 of 2024

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For R1 : Mr.T.Senthil Kumar Additional Public Prosecutor

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O R D E R

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This Criminal Original Petition has been filed seeking a direction to

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the first Respondent to communicate the second Respondent to return the Bulls to the Petitioner forthwith sent by the first Respondent to the second Respondent, in light of the Petitioner's representation dated 19.12.2023.

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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.

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3.The learned Additional Public Prosecutor 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.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD) No.544 of 2024

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4.Since the property has not been shown as case properties, there is

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no remedy is available to the Petitioner under Section 451 Cr.P.C. Therefore, there shall be a direction to the second Respondent to hand over the Bulls to the Petitioner under proper acknowledgment and also on execution of bond for Rs.25,000/- (Rupees Twenty Five Thousand only) for the above said Bulls before the Respondent Police. The Petitioner is directed to bear the expenses of the maintenance amount of the above said Kosalai at the rate of Rs.250/- per day.

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5.With the above directions, this Criminal Original Petition is

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disposed of.

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Internet:Yes./No Index:Yes/No mm

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12.01.2024

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

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

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD) No.544 of 2024

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SATHI KUMAR SUKUMARA KURUP, J.

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CRL.O.P (MD) No.544 of 2024

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12.01.2024

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https://www.mhc.tn.gov.in/judis

Ramachandran v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Ramachandran v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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