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Madras High CourtCRL OP/30207/2019disposed of

P.Senthil Kumar v. State Through

2019-11-19Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.11.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.30207 of 2019 P.Senthil Kumar

...Petitioner

Vs The State through The Inspector of Police (Crime) T-2, Ambattur Estate Police Station, Thiruvallur District.

(Crime No.1277 of 2012)

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned XVI Metropolitan Magistrate, George Town, Chennai to refund the amount of Rs.2,00,000/- deposited by the petitioner vide Receipt No.43328 dated 25.03.2013 to the credit of Crime No.1277 of 2012 on the file of respondent.

For Petitioner : Mr.R.Ganesh Kumar For Respondent : Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed to direct the learned XVI Metropolitan Magistrate, George Town, Chennai to refund the amount of Rs.2,00,000/- deposited by the petitioner vide Receipt No.43328 dated 25.03.2013 to the credit of Crime No.1277 of 2012 on the file of respondent.

2. Pursuant to a direction of this Court passed in Crl.O.P.No.21304 of 2012 dated 31.10.2012, the petitioner herein had deposited a sum of Rs.2,00,000/- before the learned XVI Metropolitan Magistrate, George Town, Chennai on 25.03.2013 in connection with Crime No.1277 of 2012. Thereafter, by an order dated 25.03.2013 passed in Crl.O.P.No.21304 of 2012, the investigation in Crime No.1277 of 2012 came to be quashed by this Court.

3. Now that, the First Information Report in Crime No.1277 of 2012 itself has been quashed, the petitioner herein would be https://hcservices.ecourts.gov.in/hcservices/

entitled for withdrawing the deposit amount of Rs.2,00,000/- made by him pursuant to the conditional order passed in the Anticipatory Bail application.

4. In the light of the above observations, the petitioner herein is granted liberty to file an appropriate application before the learned XVI Metropolitan Magistrate, George Town, Chennai, seeking to refund the amount of Rs.2,00,000/- deposited pursuant to the order of this Court passed in Crl.O.P.No.21304 of 2012 dated 31.10.2012. On receipt of such application, the learned XVI Metropolitan Magistrate, George Town, Chennai shall pass positive orders releasing the amount of Rs.2,00,000/- in favour of the petitioner. The learned XVI Metropolitan Magistrate, George Town, Chennai shall endeavour to pass such orders preferrably on the same day.

5. The Criminal Original Petition is disposed of accordingly.

-s/d- Assistant Registrar(CS-IX) True Copy Sub-Assistant Registrar vkr To:

1. The XVI Metropolitan Magistrate, George Town, Chennai 2.The Inspector of Police (Crime) T-2, Ambattur Estate Police Station, Thiruvallur District.

3.The Public Prosecutor, High Court of Madras.

+1 CC to Mr.R.Ganesh Kumar, Advocate sr 96101. Crl.O.P.No.30207 of 2019 RSK(CO) SP(25/11/2019) https://hcservices.ecourts.gov.in/hcservices/