G.Rajasekar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.07.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.17243 of 2019 G.Rajasekar

...Petitioner

vs.

The Inspector of Police, R-5, Virugambakkam Police Station, Chennai.

...Respondent

PRAYER : Criminal Original Petitions filed under Section 482 of Criminal Procedure Code, to direct the learned 23rd Metropolitan Magistrate Saidapet to refund the deposit amount of Rs.50,000/- paid by the petitioner pursuant to the condition imposed in Crl.O.P.No.11303 of 2017 dated 16.06.2017 to the credit of Crime No.1650 of 2017 on the file of the respondent police.

For Petitioner : Mr.S.Selvathirumurugan For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed seeking for refund of deposit for a sum of Rs.50,000/- made by the petitioner pursuant to the condition imposed by this Court while granting bail to the petitioner in Crl.O.P.No.11303 of 2017, dated 16.06.2017.

2. It is seen from the records that the petitioner had approached this Court by filing Crl.O.P.No.17215 of 2017 to quash the FIR in Crime No.1650 of 2017. The FIR was quashed on the ground that there was a compromise between the petitioner and the defacto complainant, by an order dated 25.01.2018.

3. In view of the above, the FIR insofar as the petitioner is concerned stands quashed and therefore the petitioner wants to take refund of a sum of Rs.50,000/- deposited by him as a condition while he was granted bail.

4. Heard, the learned counsel for the petitioner and the learned Additional Public Prosecutor on behalf of the respondent police.

https://hcservices.ecourts.gov.in/hcservices/

5. Taking into consideration the facts and circumstance of the case, the petitioner is permitted to withdraw the sum of Rs.50,000/- deposited by him in Crime No.1650 of 2017, on the file of the 23rd Metropolitan Magistrate Court, Saidapet. The petitioner shall file a memo before the concerned Court along with a copy of this Court order and the Court below shall permit the petitioner to withdraw the amount.

6. This Criminal Original Petition is disposed of with the above direction.

ssr/jas Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To

1. The 23rd Metropolitan Magistrate, Saidapet, Chennai.

2. The Inspector of Police, R-5, Virugambakkam Police Station, Chennai.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Selvathirumurugan, Advocate, SR.No.58881 CRL.O.P.No.17243 of 2019 Kak(08/08/2019) https://hcservices.ecourts.gov.in/hcservices/