N.P.David Einstein v. A.Sajan Augustin

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18-03-2025

CORAM

THE HONOURABLE MR JUSTICE K.MURALI SHANKAR in CRL RC(MD) NO.742 of 2024 N.P.David Einstein Petitioner Vs 1.A.Sajan Augustin 2.The State of Tamil Nadu, through The Inspector of Police, Vadasery Police Station, rep by the Public Prosecutor, Nagercoil.

Respondents For Petitioner :

Mr.R.Murugan, Advocate For Respondents:

Mr.V.Santhakumaresan, Advocate for R1 Mrs.M.Aasha, Government Advocate (Criminal Side) for R2 Prayer in CRL MP(MD).3598 of 2025 :

This Criminal Miscellaneous Petition filed under Section 528 BNSS praying to permit the petitioner to withdraw the deposited amount of Rs.5,00,000/- (Rupees Five Lakhs only) which was on the credit of S.T.C.No.103 of 2016 on the file of the learned Fast Track (Magisterial Level), Nagercoil in Crl.M.P.(MD)No.7910 of 2024 in Crl.R.C.(MD)No.742 of 2024 dated 06.08.2024.

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ORDER

The above petition has been filed seeking permission to withdraw the amount that came to be deposited by the first respondent.

2. Heard the learned counsel on either side.

3. It is not in dispute that the first respondent has deposited Rs.5,00,000/- in pursuance of the direction of this Court before the trial Court.

4. The learned counsel appearing for the first respondent would submit that they are objecting to withdraw the amount but they have not specifically raised any serious objections.

5. Considering the facts and circumstances and also taking note of the fact that the amount came to be deposited in pursuance of the direction of this Court, this Court is inclined to permit the petitioner to withdraw the amount.

6. In the result, this Criminal Miscellaneous Petition is ordered. The petitioner is permitted to withdraw the amount deposited by the first respondent before the trial Court on giving necessary undertakings.

sd/- 18/03/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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CSM TO 1 THE PRINCIPAL SESSIONS JUDGE, NAGERCOIL.

2 THE JUDGE, FAST TRACK(MAGISTERIAL LEVEL) COURT, NAGERCOIL. 3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL. 4 THE INSPECTOR OF POLICE, VADASERY POLICE STATION, REP BY THE PUBLIC PROSECUTOR, NAGERCOIL.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.R.MURUGAN, Advocate ( SR-3017[I] dated 18/03/2025 ) ORDER IN in CRL RC(MD) NO.742 of 2024 Date :18/03/2025 SA/SAR. /21.04.2025/3P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3