Dr.V.Kumaran v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.31120 of 2024 Dr.V.Kumaran ... Petitioner Vs.
1.State of Tamil Nadu Rep by the Inspector of Police, CCD-II, Coimbatore City
2. State Bank of India Rep by its Branch Manager, Rohit Nagar Branch 466 Rohit Nagar, No.1 Bawadiya Kalan, Bhopal, Madhya Pradesh 462039
3. State Bank of India Rep by its Branch Manager, Alibag Branch Tilak Road, Alibag Raigad, Maharashtra 402201
4. State Bank of India Rep by its Branch Manager, Suryapet, Nalgonda District Andhra Pradesh 508 001
5. HDFC Bank 1/7
Rep by its Branch Manager, Vashi Extension Counter Branch Plot No.82, Liberty Housing Society Sector 17, Vashi Navi Mumbai, Maharashtra 400 703 ... Respondents Prayer : The Writ petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents 2 to 5 to comply the Order of the learned Judicial Magistrate IV, Coimbatore dated 07.06.2024 passed in Crl.MP/20361/2024 in Cr./144/2024 by furnishing a demand draft or such other instruments to the tune of INR 20,86,000/- to the 1st respondent, and consequently direct the 1st respondent to produce the same before the learned Judicial Magistrate IV, Coimbatore, in a time bound manner. For Petitioner : Mr.Subhang .P.Nair For Respondents : Mr. K.M.D.Muhilan, Government Advocate (Crl.Side) for R1 Mr.T.Senthil Kumar for R2 Mr.C. Mohan Ms.A.Rexy Josephine Mary for M/s.King & Partridge for R5
O R D E R
This petition has been filed seeking a direction to the respondents 2 2/7
to 5 herein to comply the order passed in Crl.MP.No.20361 of 2024 in Cr.No.144 of 2024 dated 07.06.2024 on the file of the learned Judicial Magistrate-IV,Coimbatore by furnishing a demand draft to the tune of Rs.20,86,000/- to the 1st respondent, and consequently direct the 1st respondent to produce the same before the learned Judicial Magistrate IV, Coimbatore, in a time bound manner.
2. In so far as the directions issued as against the second respondent are concerned, the direction is duly complied with. So far as the directions issued against the third and fourth respondents are concerned, they have been already complied with and in so far as the fifth respondent is concerned, the payment of Rs.5,86,000/- is pending.
3. The learned counsel for the fifth respondent submitted that even before the order passed by this learned Judicial Magistrate-IV, Coimbatore dated 07.06.2024, there were earlier orders passed by various Courts till 06.06.2024, they have been complied with and no amount is lying in their bank account to comply the order passed by the learned Judicial Magistrate-IV, Coimbatore vide order dated 07.06.2024. She also 3/7
produced records which reveals that as per order dated 29.05.2025 passed by the Sub Court/Sub Magistrate a sum of Rs.2,46,000/- was paid to the victim. As per the order dated 01.06.2024 passed by the Judicial Magistrate, Bangalore pursuant to the registration of Cr.No.225 of 2024 a sum of Rs.4,76,546/- was transferred to the victim. As per order dated 03.06.2024 passed by the 45th Additional Chief Judicial Magistrate, Bangalore, a sum of Rs.2,70,000/- was transferred to the victim. As per order dated 06.06.2024 passed by the learned Additional Chief Metropolitan Magistrate, Bangalore, a sum of Rs.4,90,000/- was transferred to the victim. Therefore, so far as the order passed by the learned Judicial Magistrate-II is concerned, the fifth respondent has to transfer a sum of Rs.5,86,000/-. However, in view of the the compliance of the earlier order passed by the various Courts, now, no amount is lying with the fifth respondent.
4. Accordingly, the writ petition is disposed of. If any amount is received by the fifth respondent, the fifth respondent is directed to comply the order passed by the learned Judicial Magistrate-IV, Coimbatore.
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5. With the above observations, this Writ Petition is disposed of. No costs.
28.02.2025 Vv To
1. The Inspector of Police, CCD-II, Coimbatore City
2. The Branch Manager, State Bank of India Rohit Nagar Branch 466 Rohit Nagar, No.1 Bawadiya Kalan, Bhopal, Madhya Pradesh 462039
3. The Branch Manager, State Bank of India Alibag Branch Tilak Road, Alibag Raigad, Maharashtra 402201
4. The Branch Manager, State Bank of India Suryapet, Nalgonda District Andhra Pradesh 508 001
5. The Branch Manager, HDFC Bank, Vashi Extension Counter Branch Plot No.82, Liberty Housing Society 5/7
Sector 17, Vashi Navi Mumbai, Maharashtra 400 703
6. The Public Prosecutor, High Court of Madras 6/7
G.K.ILANTHIRAIYAN, J.
Vv W.P.No.31120 of 2024 28.02.2025 7/7