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Madras High CourtCRL OP/27603/2018

T.Prasanna v. The Inspector Of Police

2018-11-28Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.Nos.27603 & 27606 of 2018 T.Prasanna

...Petitioner in both Crl.O.Ps

Vs.

State rep.by The Inspector of Police, CCB, Team-I Commissioner Office, Vepery, Chennai-600 007.

...Respondent in both Crl.O.Ps

COMMON PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct to CCB & CB CID Special Court, Chennai to return the amount of Rs.2 lakhs and Rs.5 lakhs respectively which were deposited by A6 and A2, Lokesh prabhu and N.Babu in this case pending investigation in Cr.No.327/2018 on the file of the respondent.

For Petitioner :Mr.P.Raghu For Respondent :Mr.M.Mohamed Riyaz Additional Public Prosecutor COMMON ORDER These petitions have been filed seeking for a direction to permit the petitioners to withdraw the amount that has been deposited by the accused persons as a condition for grant of bail.

2.Petitioners are the defacto complainant and victims. An amount which was deposited as a condition for bail can never be permitted to be withdrawn by the defacto complainant. It is not a property, which is a subject matter of investigation. Therefore, the petitioners cannot maintain a petition of this nature before this Court. This Court is not inclined to grant relief as sought for by the petitioners.

3.Taking into consideration the facts and circumstances of the case, the respondent police is directed to complete the https://hcservices.ecourts.gov.in/hcservices/

investigation and file a final report within a period of three months from the date of receipt of a copy of this order. 4.Accordingly, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar rpl To 1.The Inspector of Police, CCB, Team-I Commissioner Office, Vepery, Chennai-600 007.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.Nos.27603 & 27606 of 2018 ak(co) nr 17/12/2018 https://hcservices.ecourts.gov.in/hcservices/