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Madras High CourtCRL RC/567/2026allowed

R.Vimala v. The State Rep. By The Assistant Commissioner Of Police

2026-04-06Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.04.2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL RC.Nos.567 & 707 of 2026 R.Vimala ..Petitioner in Crl.R.C.No.567 of 2026 C.Ravi .... Petitioner in Crl.R.C.No.707 of 2026 Vs The State Rep by The Assistant Commissioner of Police Central Crime Branch, Tambaram City.

Crime No.05 of 2024.

..Respondent(s) in both petitions Prayer in both petitions: Criminal Revision petitions are filed under Section 397 & 401 of Cr.P.C/ 438 & 442 BNSS, to set aise the impugned order dated 08.10.2025 passed in Crl.M.P.No.1258 of 2025 in Crime No.05 of 2024 passed by the learned Judicial Magistrate No.1 at Tambaram. For Petitioner(s):

Mr.A.Vijayakannan For Respondent(s):

Mr.S. Vinoth Kumar Government Advocate (Crl. Side)

ORDER

The present applications have been filed against the impugned order dated 08.10.2025, by and which the revision against the petitioners to refund the sum of Rs.10,00,000/- paid in furtherance of the condition imposed by this

Court in Crl.O.P.No.8812 of 2024 in Crime No.05 of 2024 pending on the file of the CCB-II, Tambaram.

2. The learned counsel appearing for the petitioners submitted that the petitioners subsequently filed applications to quash the above FIR, in which, this Court in Crl.O.P.No.6330 of 2025 vide order dated 06.03.2025 quashed the FIR in Crime No.05 of 2024, against which, the defacto complainant has preferred an SLP and the Hon'ble Supreme Court has also dismissed the same vide order dated 22.07.2025. Hence, the learned counsel appearing for the petitioners submitted that, order of quash has reached its finality and therefore, it is the contention of the petitioners that the amount deposited by them has to be refunded to them, as there are no FIR pending against them.

3. This Court vide order dated 25.03.2026 directed the Registry to get report from the learned Judicial Magistrate No.I, Tambaram as to the availability of the deposit made in Crime No.05 of 2024, with due deference of the above order, the learned Magistrate has submitted a report, which is extracted as follows:

4. From the above report, it is clear that the amount deposited by the petitioners is available in the Court deposit of the Magistrate Court. Therefore, in furtherance to the order passed in Crl.O.P.No.6330 of 2025, the petitioners are entitled to get back the same. Hence, taking into consideration of either side submission and upon the detailed discussion herein above, the order passed by the learned Judicial Magistrate No.1, Tambaram in Crl.M.P.No.1258 of 2025 dated 08.10.2025 is hereby set aside and the learned Judicial Magistrate is directed to refund their deposit of sum of Rs.10,00,000/- to the petitioners after following due procedure and after duly identifying the petitioners.

5. Accordingly, the Civil Revision Petitions are allowed. 06.04.2026 sma To Judicial Magistrate No.1, Tambaram

C.KUMARAPPAN, J.

sma 06.04.2026