Pala Aravinthan v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-09-2025
CORAM
THE HONOURABLE MR JUSTICE N. SATHISH KUMAR Pala Aravinthan Petitioner(s) Vs The State Rep by, The Inspector of Police, Podhanur Police Station, Coimbatore.
Cr.No.706/2022.
Respondent(s) PRAYER Criminal Original Petition filed under Section 528 of BNSS Act to set aside the order passed by the Learned Judicial Magistrate at Madukkarai in Crl.M.P.SR.No.4222/2025 dated 08.08.2025 and allow the same permitting the petitioner to withdraw the sum of Rs.5,00,000/- deposited to the credit of the Cr.No.706/2022 on the file of the respondent police. For Petitioner Mr.K.Sasindran for Mr.D.Senthur Kugan For Respondent(s):
Mr.R.Vinothraja Govt., Advocate (Crl.Side)
ORDER
Challenging the order passed by the Learned Judicial Magistrate at Madukkarai in Crl.M.P.SR.No.4222/2025 dated 08.08.2025 declining to return 1/5
the amount to the tune of Rs.5,00,000/-, which was deposited by the petitioner in pursuant to the condition ordered by this Court to the credit of Cr.No.706/2022 on the file of the respondent police, the present petition has been filed.
2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent and perused the documents placed on record carefully.
3.It is to be noted that while the petitioner was granted anticipatory bail in Crl.M.P.No.32402 of 2022 on 09.11.2022, this Court, directed the petitioner to deposit a sum of Rs.5 Lakhs to the credit of Crime No.706 of 2022 before the learned Judicial Magistrate, Madhukarai, as one of the conditions and the said amount has been deposited.
4. Now, it is the contention of the petitioner that the very FIR itself was quashed by this Court in Crl.O.P.No.8108 of 2023 dated 07.04.2025, therefore, the petitioner, filed an application for return of the money and the said application was rejected on the ground that there is no specific direction in the 2/5
order of the High Court. Further, it is submitted that no appeal has been filed by the respondent against the quashment of the FIR.
5. In such view of the matter, since the very FIR itself has been quashed by this Court and no appeal has been preferred as against the quashment of the FIR, the amount deposited by the petitioner shall be refunded to the petitioner. Accordingly, the order passed in the petition filed by the petitioner for return of money, viz., Crl.M.P.SR No.4222 of 2025 dated 08.08.2025 is set aside and the trial court is directed to decide the application filed by the petitioner and return the money as per law.
In the result, the present Petition is allowed. 19-09-2025 Index:Yes/No;
Speaking/Non-speaking order Internet:Yes Note: Registry is directed to return the original impugned petition to the petitioner's counsel.
ssd 1.The Judicial Magistrate, Madukkarai
2. The State Rep by, The Inspector of Police, Podhanur Police Station, Coimbatore.
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Cr.No.706/2022.
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N.SATHISH KUMAR J., ssd CRL OP No. 25864 of 19-09-2025 5/5