V.Petrick Kennedy, M/A 54 Yrs, v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2018

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.2584 of 2018 V.Patrick Kennedy

...Petitioner

Vs.

The Inspector of Police, B-3, St. George Fort Police Station, Chennai.

...Respondent

Prayer:

Criminal Original Petition filed under Section 482 Cr.PC, to issue a direction to the learned VII Metropolitian Magistrate Court, At George Town Chennai, to withdraw the amount Rs.4,00,000/- which is deposited in Cr.No.34 of 2016. For Petitioner :

Mr.V.D.Rajendra Prasad For Respondents : Mrs.P.Kritika Kamal Government Advocate(Crl side)

O R D E R

The prayer sought for by the petitioner is for a direction to the learned VII Metropolitian Magistrate Court, At George Town Chennai, to withdraw the amount Rs.4,00,000/- which is deposited in Cr.No.34 of 2016.

2. By an condition imposed by this Court in Crl.O.P. No.28075 of 2016 granted for anticipatory bail, the petitioner was instructed to deposit a sum of Rs.4,00,000/-to the Court of Metropolitan Magistrate, No.VII, George Town in C.C.No.34 of 2016 on the file of the respondent.

3.Today when the matter was listed the learned Government Advocate on instructions submitted that the investigation is still pending and it is now pointed out that the condition was imposed for the purpose of securing the amount credited in the C.C.No.34 of 2016.

4.In this background, it would be not be proper to order for withdrawal of the amount when the investigation is not yet completed. Hence, the respondent is directed to complete the investigation and thereafter the petitioner may be given an opportunity to approach this Court seeking for such withdrawal. https://hcservices.ecourts.gov.in/hcservices/

5. In the result the prayer seeking for withdrawing the amount deposited in C.C.No.34 of 2016 is rejected. However there shall be a direction to the respondent to expedite the investigation in C.C.No.34 of 2016 and pass a final report/charge sheet within a period of four weeks from the date of receipt of a copy of this order.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar smn To.

The Inspector of Police, B-3, St. George Fort Police Station,Chennai.

Crl.O.P.No.2584 of 2018 NR 26/03/2018 https://hcservices.ecourts.gov.in/hcservices/