Madras High CourtCRL OP(MD)/2210/2025disposed of

Shiek Ammir Ali v. The State Of Tamil Nadu

2025-02-04Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 04.02.2025

CORAM:

THE HON'BLE MR.JUSTICE P. DHANABAL 1.Shiek Ammir Ali 2.Mohamed Rijuvan .. Petitioners Vs.

The State of Tamil Nadu, rep., by The Sub Inspector of Police, Oddanchatiram Police Station, Oddanchatiram, Dindigul District.

Crime No.426 of 2006 .. Respondent Prayer : Petition is filed under Section 528 of BNSS to call for the records relating to the docket order dated 30.04.2024 made in unnumbered Crl.M.P.No. of 2024 in C.C.No.16 of 2010 on the file of the learned Judicial Magistrate No.II, Dindigul and set aside the same and consequently direct the learned Judicial Magistrate No.II, Dindigul to number the petition filed under Section 452 of Cr.P.C. For Petitioner : Mr.T.Antony Arulraj For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor 1/4

ORDER

This petition is filed by the petitioner challenging the impugned order passed by the learned Judicial Magistrate No.II, Dindigul.

2. According to the petitioner, as per the order passed by this Court in the bail application in Crl.O.P(MD).No.5116 of 2006, the petitioners deposited amount of Rs.90,000/- and thereafter, the matter was amicably settled between the parties and hence, the petitioners filed a petition to return the deposited amount. But, the learned Magistrate returned the same stating that the order is only in respect of depositing of Rs.90,000/- and there is no order passed by the Court to whom the amount has to be returned, against which, the present petition.

3. Since this Court on 17.07.2006 while granting anticipatory bail directed the petitioner to deposit a sum of Rs.90,000/- and there is no order passed by this Court in respect of return of said amount, it is for the petitioner to file appropriate petition in the aforesaid Crl.O.P(MD).No. 5116 of 2006. The learned Magistrate rightly returned the petition and the same does not want to any interference. Accordingly, this Criminal 2/4

Original Petition is disposed of with liberty to the petitioner to file an appropriate application in Crl.O.P(MD).No.5116 of 2006. 04.02.2025 NCC : Yes/No Index : Yes/No Rmk To:

1.The Judicial Magistrate No.II, Dindigul.

2.The Sub Inspector of Police, Oddanchatiram Police Station, Oddanchatiram, Dindigul District.

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

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P. DHANABAL ,J.

Rmk 04.02.2025 4/4