Anusya Devi v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD).No.2431 of 2018 Anusya Devi ... Petitioner Vs.

1. The Sub Inspector of Police, Palaviduthi Police Station, Karur District.

2. The Assistant Block Development Officer, Kadavur Union, Sembianatham Panchayat Board, Kadavur Taluk, Karur District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the 2nd respondent to refund the petitioner's deposit amount a sum of Rs.35,000/- in Crl.O.P.(MD)No.1610 of 2015. For Petitioner : Mr.B.Santhanam Rajeshkumar For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side)

O R D E R

This Criminal Original Petition has been filed for a direction to the second respondent to refund the deposited amount by her that is lying with the second respondent pursuant to the order made by this Court in Crl.O.P.(MD)No.1610 of 2015. 2.The petitioner was arrayed as an accused in Crime No.157 of 2014. The petitioner filed an anticipatory bail petition in Crl.O.P.(MD)No.1610 of 2015 before this Court and anticipatory bail was also granted with a direction to the petitioner to deposit a sum of Rs.35,000/- before the second respondent herein. The petitioner also complied with the said order.

3.Subsequently, the respondent police investigated the case and filed a final report in C.C.No.7 of 2016 on the file of the learned Judicial Magistrate No.1, Kuzhithalai. The learned Judicial Magistrate No.1, Kuzhithalai by judgment dated 11.12.2017 acquitted all the accused persons. This order has also become final. https://hcservices.ecourts.gov.in/hcservices/

4.In the status report filed by the first respondent, the above said facts are not disputed and the first respondent does not have any objection in the petitioner withdrawing the deposited amount.

5.In view of the facts above stated, the second respondent is directed to refund the petitioner's deposited amount of a sum of Rs.35,000/-, which was made pursuant to the orders passed in Crl.O.P.(MD)No.1610 of 2015. The second respondent shall refund the amount within a period of four weeks from the date of receipt of a copy of this order.

6.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar (CS-II) To

1. The Sub Inspector of Police, Palaviduthi Police Station, Karur District.

2. The Assistant Block Development Officer, Kadavur Union, Sembianatham Panchayat Board, Kadavur Taluk, Karur District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO Mr.B.SANTHANAM RAJESH KUMAR, ADVOCATE IN SR No. 81821 TA TE/SKN/SAR-1 : 28/09/2018 : 2P/5C Crl.O.P.(MD).No.2431 of 2018 30.08.2018 https://hcservices.ecourts.gov.in/hcservices/