Madras High CourtCRL MP/2488/2025ordered

Shanthi v. Prabhavathi

2025-02-13Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-02-2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN in Crl.O.P.No.27892 of 2018

1. K.SHANTHI D/o Kesavan, 5th Ward, Kolipannai Line House, Opposite To Vennanthur Police Station, Vennanthur Post, Rasipura, Taluk, Namakkal District.

Appellant(s) Vs

1. PRABHAVATHI W/o.Rajendran, Door No.4/144, Arima Nagar, Attaiyampatti, Salem Taluk And District.

2.Murugesan (died) S/o Angamuthu, D No 4/144, Arima Nagar, Attayampatti, Salem Taluk And District.

3.The State Rep By The Inspector Of Police Vennandhur Police Station, Crime No 472 Of 2018 Namakkal District.

Respondent(s)

PRAYER To modify the order in para 5 (b) dated 03.12.2018 made in Crl.O.P.No.27892 of 2018 by permitting the petitioner to withdraw the amount deposited to the credit of the Crime No.472 of 2018.

For Appellant(s):

R.Prabakar For Respondent(s):

R.Vinothraja Government Advocate Criminal Side for R3

ORDER

This Criminal Miscellaneous Petition has been filed for modification seeking permission to withdraw the amount deposited to the credit of Crime No.472 of 2018, on the file of the third respondent.

2. On the complaint, the third respondent registered FIR in Crime No.184 of 2014 for the offences punishable under Sections 420 and 506(i) of IPC. Pursuant to the registration of FIR, the respondents 1 and 2 sought for anticipatory bail before this Court in Crl.O.P.No.27892 of 2018. This Court, by an order dated 13.12.2018, granted anticipatory bail to the petitioners, on condition that the petitioners shall deposit a sum of Rs.1,50,000/- to the credit of Crime No.472 of 2018, before the concerned Magistrate, within a period of two weeks. Accordingly, the respondents 1 and 2 complied with the order passed by

this Court and now, the entire investigation has been completed and the final report was filed in C.C.No.237 of 2020 before the Judicial Magistrate, Rasipuram and it is pending.

3. Therefore, this Court is inclined to permit the petitioners to withdraw the amount which was deposited to the credit of Crime No.472 of 2018 on the file of the Trial Court.

4. Accordingly, this Criminal Miscellaneous Petition is allowed. The petitioner is at liberty to submit an application before the Trial Court. On receipt of such application, the Trial Court is directed to issue notice to the accused and pass orders, within a period of two weeks from the date of receipt of the application.

13-02-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes mn

To 1.PRABHAVATHI W/o.Rajendran, Door No.4/144, Arima Nagar, Attaiyampatti, Salem Taluk And District.

2.Murugesan (died) S/o Angamuthu, D No 4/144, Arima Nagar, Attayampatti, Salem Taluk And District.

3.The State Rep By The Inspector Of Police Vennandhur Police Station, Crime No 472 Of 2018 Namakkal District.

Copy To The Judicial Magistrate, Rasipuram.

G.K.ILANTHIRAIYAN J.

mn CRL MP No. 2488 of 13-02-2025