Seeba v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifteenth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI IN CRL OP(MD) No.5768 of 2019 SEEBA ... Petitioner / Accused No.5 Vs THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, DINDIGUL DISTRICT.

(CRIME NO.01/2019) ... Respondent / Complainant Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to direct the Judicial Magistrate Court No.II Dindigul to Return the deposited amount Rs.50000 by the petitioner in Cr.No.01/2019 on condition imposed in Crl.O.P.(MD). No.5768/2019 dt 24.04.2019 on the file of this Honourable Court. Order : This criminal miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/s.S.BALAJI, Advocate for the petitioner and of Mr.P.KOTTAICHAMY, Government Advocate (Crl. side) on behalf of the Respondent, the Court made the following order:- 1/4

This criminal miscellaneous petition has been filed to direct the Judicial Magistrate Court No.II, Dindigul to return the deposited amount of Rs.50,000/- by the petitioner in Cr.No.01 of 2019 based on the condition imposed in Crl.O.P.(MD) No.5768 of 2019 dated 24.04.2019 on the file of this Court. 2.The learned counsel appearing for the petitioner submitted that the petitioner is an accused in Cr.No.01 of 2019 and thereby, he filed a petition for anticipatory bail before this Court in Crl.O.P.(MD)No.5768 of 2019 and the same was allowed on 24.04.2019 with a condition that the petitioner should deposit a sum of Rs.50,000/- to the credit of Cr.No.01 of 2019 before the learned Judicial Magistrate No.II, Dindigul.

He further submitted that the petitioner complied with the said condition and thereafter, the respondent Police filed charge sheet in C.C.No.194 of 2019 before the learned Judicial Magistrate No.II, Dindigul. He also submitted that the petitioner filed a petition for quash before this Court in Crl.O.P.(MD) No.8592 of 2021 and this Court quashed the charge sheet, vide order dated 11.01.2022, as far as the petitioner herein. Hence, the petitioner filed the present petition to issue a direction to the learned Magistrate to return the deposited amount. 3.Considering the fact that the criminal proceedings in C.C.No.194 of 2019 was quashed by this Court insofar as the petitioner herein is concerned and thereby, the learned Judicial Magistrate No.II, Dindigul is directed to refund the amount, ie.

Rs.50,000/- to the petitioner, within a period of four weeks from the date of receipt of a copy of this order. Accordingly, this criminal miscellaneous petition is allowed. sd/- 15/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (C.S. I / II / III /IV) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS To 1.The Judicial Magistrate No.II, Dindigul.

2.Do through the Chief Judicial Magistrate, Dindigul District.

3.The Inspector of Police, District Crime Branch, Dindigul District.

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

ORDER

IN IN CRL OP(MD) No.5768 of 2019 Date :15/03/2024 3/4

ED/ GS /SAR- (26/03/2024) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4