Elanthamizhan v. State Rep.By Inspector Of Police,

Crl.M.P. No. 11616 of 2023 in Crl.O.P.No.1567 of 2023 T.V.THAMILSELVI, J.

This petition has been filed to permit the petitioner to withdraw the deposit amount of Rs.4,00,000/- credited into Crime No.2 of 2023 in the light of order passed by this court in Crl.O.P.No.1567 of 2023 dated 25.01.2023.

2. The learned counsel for the petitioner submitted that it is a case of job racketing and as per the allegation in the complaint, a sum of Rs.40,00,000/- was paid by the defacto complainant and consequently, he was cheated by the accused and the case is still under investigation. However, as per the order of this court, the petitioners/accused have deposited a sum of Rs.4,00,000/- into the credit of Crime No.2 of 2023. Accordingly, the present petition has been filed seeking to permit the petitioner to withdraw the deposited amount.

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3. Considering the facts and circumstances and also on seeing the loss sustained by the petitioner/defacto complainant, without prejudice to the investigation, this Court is inclined to permit the petitioner/defacto complainant to withdraw the amount of Rs.4,00,000/- (Rupees four lakhs only) deposited in Crime No.2 of 2023 on production of proper identification and also by giving the undertaking affidavit before the trial court. Accordingly, this Criminal Original Petition is ordered.

17.08.2023 rpp 2/3

T.V.THAMILSELVI, J.

rpp Crl.M.P.No. 11616 of 2023 in Crl.O.P. No. 1567 of 2023 17.08.2023 3/3