Nikhil Chandrasekar v. The State Rep.By

in Crl.O.P.No.7484 of 2021 A.D.JAGADISH CHANDIRA, J.

This petition has been filed to permit the petitioners 2 and 3 to withdraw the surety amount of Rs.2,00,000/- deposited to the crdeit of Crime No.5 of 2021 on the file of the respondent Police before the learned Additional Mahila Court, Egmore, Chennai.

2. The learned counsel for the petitioners would submit that the petitioners where arrayed as accused in Crime No.5 of 2021 registered by the respondent Police for the offences under Sections 498(A), 294(b) of IPC and Section 67 of Information Technology Act. During the pendecy of the investigation, the petitioners have filed a petition for anticipatory bail in Crl.O.P.No.7484 of 2021 and this Court by an order dated 22.04.2021 had directed the petitioners 2 and 3 to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) each to the credit of Crime No.5 of 2021 before the learned Additional Mahila Court, Egmore. In due compliance of the same, the petitioners 2 and 3 deposited a sum of Rs.1,00,000/- each to the credit of Crime No.5 of 2021 vide receipt No.00547.

He would submit that subsequently, the matrimonial dispute between the first petitioner and his wife/defacto complainant has been settled, pursuant to which, the FIR has been quashed on 11.07.2022 in Crl.O.P.No.14682 of 2022. During the settlement, the first petitioner has paid a sum of Rs.

and child. He would further submit that as on date, there is no criminal A.D.JAGADISH CHANDIRA, J.

proceedings pending against the petitioners and there is no purpose in keeping the deposit amount in the lower Court and thereby, the present petition has been filed seeking for permission to withdraw the surety amount of Rs.2 lakhs which was deposited in the credit of Crime No.5 of 2021 before the lower Court.

3.The learned Government Advocate (crl.side) on instructions would submit that the Crime No.5 of 2021 has been quashed by this Court in Crl.O.P.No.14682 of 2022.

4.In view of the above, this Criminal Miscellaneous Petition is allowed and the petitioners 2 and 3 are permitted to withdraw the surety amount of Rs.2 lakhs by way of filing an appropriate application before the concerned Court.

11.11.2022 vkr

in Crl.O.P.No.7484 of 20212