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Madras High CourtCRL OP(MD)/4959/2017allowed

P.Kasilingam v. The Inspector Of Police

2017-04-26Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2017

CORAM:

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.4959 of 2017 P.Kasilingam ... Petitioner -vsState represented by The Inspector of Police SIPCOT Police Station (Previously Thattaparai PS) Thoothukudi District.

(Crime No.22/2001) ... Respondent Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the learned Judicial Magistrate No.I, Thoothukudi, Thoothukudi District to refund the deposit of Rs.3,00,000/- vide Receipt No.A39439 dated 29.10.2001 deposited pursuant to the order passed by this Honourable Court in Crl.O.P.No.20272 of 2001 dated 15.10.2001.

For petitioner :Mr.A.Thiruvadi Kumar For respondent :Mr.A.P.Balasubramani Govt. Advocate (Crl. Side) *****

O R D E R

This petition has been filed to direct the learned Judicial Magistrate No.I, Thoothukudi, Thoothukudi District to refund the deposit of Rs.3,00,000/- vide Receipt No.A39439 dated 29.10.2001 deposited pursuant to the order passed by this Honourable Court in Crl.O.P.No.20272 of 2001 dated 15.10.2001.

2. On the complaint lodged by the Assistant Executive Engineer, Tamil Nadu Electricity Board, Tuticorin North, the respondent police registered a case in Crime No.220 of 2001 on 24.09.2001 for offences under Sections 39(1) 44(1)(C) of the Electricity Act, 1910 against two accused, namely, Tamizharasi (A1) and Kasilingam (A2). Apprehending arrest, Kasilingam filed Crl.O.P.(MD) No.20272 of 2001 for anticipatory bail under Section 438 Cr.P.C. before the Principal Seat and this Court by order dated 15.10.2001 granted the relief on the condition that the petitioner should deposit a sum of Rs.3,00,000/- before the Lower Court within two weeks. In compliance of the order, the petitioner deposited Rs.3,00,000/- before the learned Judicial Magistrate No.I, Tuticorin vide Receipt No.A39439 on 29.10.2001.

The police completed the investigation and filed a charge sheet in C.C.No.384 of 2002 against Kasilingam, in which Kasilingam was acquitted by the Magistrate on 17.02.2011. Therefore, Kasilingam is before this Court for a direction to the learned Judicial Magistrate No.I, https://hcservices.ecourts.gov.

Tuticorin to order the return of Rs.3,00,000/- that was deposited.

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

4. Mr.K.Natarajan, Special Sub-Inspector of Police, SIPCOT Police Station, Thoothukudi District is present. On instructions, learned Government Advocate (Crl.Side) submitted that pursuant to the acquittal of the petitioner in C.C.No.384 of 2002, no appeal against the acquittal has been filed by the State.

5. In view of the above, this Court is of the view that the petitioner will be entitled to the refund of Rs.3,00,000/- that has been deposited before the learned Judicial Magistrate No.I, Tuticorin. In the result, this petition is allowed as prayed for with a condition that the learned Magistrate shall verify the true identity of the petitioner before disbursement of the amount and the amount shall be disbursed to the petitioner without security. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.

The Judicial Magistrate No.I, Tuticorin.

2.

The Inspector of Police SIPCOT Police Station (Previously Thattaparai PS) Thoothukudi District.

3.

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

+1cc to M/S.A.Thiruvadikumar,Advocate,SR.54404 Crl.O.P.(MD) No.4959 of 2017 26.04.2017 AR kk/MMS/10.05.2017-2P-5C https://hcservices.ecourts.gov.in/hcservices/