Ramamoorthypandian v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifteenth day of March Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL MP(MD) No.1970 of 2018 IN CRL OP(MD) No.13969 of 2015 RAMAMOORTHYPANDIAN ... PETITIONER/SOLE ACCUSED Vs THE SUB INSPECTOR OF POLICE KALLUPATTI POLICE STATION, MADURAI DISTRICT, CRIME NO.144 OF 2015 ... RESPONDENT/COMPLAINANT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to direct the District Munsif cum Judicial Magistrate, Periyur to refund the amount a sum of Rs. 7,500/- which was deposited by the petitioner as per the order of this Honourable Court in Crl.O.P. (MD).No. 13969 of 2015, on 06.08.2015, in the court account to the credit of Crime No.144 of 2015 in C.C.No.

109 of 2015 Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.T.VADIVELAN, Advocate for the petitioner and of MR.K.SUYAMBULINGA BHARATHI, Government Advocate (Crl.side) on behalf of the Respondent the court made the following order:- This petition has been filed for issuing a direction to learned the District Munsif-Cum-Judicial Magistrate, Periyur to refund the amount of Rs.7,500/-, which was already deposited by the petitioner, as per the order this Court made in Crl.O.P(MD).No.13969 of 2015, dated 06.08.2015, in the Court account to the credit of Crime No.144 of 2015 in C.C.No.109 of 2015.

2. The learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

3. The submissions made by the learned counsel appearing on either side are considered.

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4. On going through the prayer sought for by the petitioner, it would appear, while granting anticipatory bail in favour of the

petitioner, this Court directed the petitioner to deposit a sum of Rs.7,500/- to the credit of Crime No.144 of 2015. After completing the investigation, charge sheet has been filed by the respondent Police and the same was taken on file by the concerned Magistrate and thereafter, the said case has been disposed of.

5. In view of the fact that the case has already been disposed of, there is no necessity to get a separate order for getting back the amount of Rs.7,500/-, which was deposited to the credit of Crime No.144 of 2015 in C.C.No.109 of 2015. The petitioner herself is having a right to file a separate petition before the learned District Munsif-Cum- Judicial Magistrate, Peraiyur to get back the amount.

6. With the above observation, this petition is closed. sd/- 15/03/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, PERAIYUR 2 THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3 THE SUB INSPECTOR OF POLICE KALLUPATTI POLICE STATION, MADURAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. C.C. to M/S.T.VADIVELAN Advocate SR.No.55502

ORDER

IN CRL MP(MD) No.1970 of 2018 IN CRL OP(MD) No.13969 of 2015 Date :15/03/2018 https://hcservices.ecourts.gov.in/hcservices/ SMA/CM-VR/SAR-1/26.03.2018:2P/6C