Murugesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice B.PUGALENDHI IN CRL OP(MD) No.12086 of 2017 1 MURUGESAN 2 RAJENDRAN 3 BALAKRISHNAN 4 THANGAM 5 P.GOVINDAN 6 LAKSHMI 7 DHARMAR ... PETITIONERS/PETITIONERS/ACCUSED NOS. 1 TO 7 Vs THE INSPECTOR OF POLICE DINDIGUL TOWN SOUTH POLICE STATION, CRIME NO. 381 OF 2017 ... RESPONDENT/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 1/4

learned Judicial Magistrate No.III, Dindigul to refund the amount of Rs. 5000/- each (totally Rs.35,000/- by the petitioners on the credit of the Crime No. 381/2017 based on the Honble High court direction in Crl O.P (MD) No.12086/2017. 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.SUSI KUMAR.C, Advocate for the petitioner and of MR.P.KOTTAICHAMY, Government Advocate (Criminal Side) on behalf of the Respondent, the court made the following order:- This petition has been filed to direct the learned Judicial Magistrate No.III, Dindigul to refund the amount of Rs.5,000/- each (Totally Rs.35,000/-) deposited by the petitioners to the credit of Cr.No.381 of 2017 based on the direction given by this Court in Crl.O.P.(MD)No.12086 of 2017.

2.The learned counsel appearing for the petitioners submits that the petitioners herein are accused in Cr.No.381 of 2017 and thereby, they filed a petition for anticipatory bail before this Court. This Court, vide order dated 19.09.2017, granted anticipatory bail to the petitioners on condition to deposit a sum of Rs.5,000/- each to the credit of crime number. He further submits that the petitioners duly complied with the said condition and on completion of investigation, the respondent police filed final report and the same was also taken on file in C.C.No.76 of 2018 by the learned Judicial Magistrate No.III, Dindigul. He also submits that now trial was over and the petitioners are also acquitted and hence, the petitioners filed the present petition seeking aforesaid direction.

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3.The learned Government Advocate(Crl.side) appearing for the respondent Police fairly submits that the case against the petitioners ended in acquittal. 4.Heard the learned counsel on either side and perused the materials available on record.

5.Since the case against the petitioners ended in acquittal, this Court directs the learned Judicial Magistrate No.III, Dindigul to refund the amount of Rs.5,000/- each (Totally Rs.35,000/-) deposited by the petitioners to the credit of Cr.No.381 of 2017, on filing of necessary application. Accordingly, this criminal miscellaneous petition is ordered.

sd/- 04/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO THE JUDICIAL MAGISTRATE NO.III DINDIGUL.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, 3/4

THE INSPECTOR OF POLICE DINDIGUL TOWN SOUTH POLICE STATION, THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.C.SUSI KUMAR, Advocate ( SR-4189[I] dated 04/04/2024 )

ORDER

IN IN CRL OP(MD) No.12086 of 2017 Date :04/04/2024 PKP/JGB/SAR /15.04.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4