Dhanalakshmi v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2025
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Dhanalakshmi .. Petitioner Vs.
State rep. by The Inspector of Police, Annadanapatty Police station, Salem District Crime No.433 of 2024 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner on bail in Crime No.433 of 2024 on the file of the respondent police. For Petitioner : Mr. R.John Sathyan, Senior Counsel for M/s.C.R.Gokulvisvas For Respondent : Mr.Leonard Arul Joseph Selvam Additional Public Prosecutor
O R D E R
This Court by order dated 14.11.2024 in Crl.O.P.No.26309 of 2025 had directed the District Collector, Salem to pay the interim compensation of Rs.1,00,000/- to the family members of the deceased. In pursuant to the same, 1/5
the District Legal Services Authority had submitted that the amount has been credited to the District Legal Services Authority, Salem. Thereafter, the victim's family, i.e., Parameshwari, w/o Late Shanmugam, Kavishram and Suganya, children of Late Shanmugam had refused to receive the compensation amount and submitted a letter dated 24.02.2025 stating that they are not willing to accept the compensation amount which was to be disbursed under Victim compensation proceedings in VCP No.16/2024. Hence, the District Legal Services Authority was unable to comply with the Order of the High Court and had filed a letter in D.No.1878 of 2025 dated 08.05.2025 in connection with Crl.O.P.No.26309 of 2025 dated 14.11.
2024 informing that in the Tamil Nadu Victim Compensation Scheme, 2013, there is no procedure to re-credit the amount when the victim refused to receive the compensation amount. This Court again directed the Inspector of Police, Annadanapatty Police station, to find out or verify from victim Parameshwari, wife of late. Shanmugam, whether she is willing to receive the compensation amount, for which the letter dated 31.07.
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2. From the letter, it is found that the victims in this case are not willing to receive the compensation.
3. In view of the above, the District Legal Services Authority, Salem is directed to re-credit the compensation amount of Rs.1,00,000/- received from District Collector, Salem. Consequently, The proceedings initiated in V.C.P.No.16 of 2024 is thereby cancelled.
01.08.2025 Shl To
1. The Judicial Magistrate No.IV, Salem
2. The Inspector of Police, Annadanapatty police station, Salem District
3. The Public Prosecutor, High Court, Madras.
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M.NIRMAL KUMAR, J.
Shl 01.08.2025 5/5