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Madras High CourtCRL MP(MD)/5484/2022dismissed

Balamurugan v. The Inspector Of Police

2023-04-26Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL MP(MD) No.5484 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Sixth day of April Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL MP(MD) No.5484 of 2022 IN CRL OP(MD) No.11439 of 2021 1 BALAMURUGAN (FIR WRONGLY MENTIONED AS MUHI BALAMURUGAN) 2 G. INDRABANUMATHI ... PETITIONERS/ACCUSED NOS.2&3 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE ECONOMIC OFFENCES WING, MADURAI DISTRICT.

(CRIME NO.3/2021) ... RESPONDENT/COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to direct the Special Judge, TANPID Act Case, Madurai to disburse the amount deposited by the Petitioners herein to the credit of Crime No.3/2021 on the file of the respondent police before the Special Court under the Tamil Nadu Protection of Interest of Depositors(In Financila Establishment)Act, Cases, Madurai (Special court under TNPID Cases, Madurai) as per the direction in CRL OP(MD)No.11439/2021 dated 27.09.2021.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.MAHENDRAPATHY S, Advocate for the petitioner and of M/S.B.Thanga Aravindh, Government Advocate (Crl.Side) on behalf of the Respondent, the court made the following order:- This petition is filed to direct the Special Judge, TANPID Act cases, Madurai to disburse the amount deposited by the petitioners herein to the credit of Crime No.3 of 2021 on the file of the respondent police before the Special Court under the Tamil Nadu Protection of Interest of Depositors (In Financial Establishment) Act Cases, Madurai (Special Court under TNPID Cases, Madurai) as per the direciton in Crl.O.P.(MD)No.11439 of 2021, dated 27.09.2021. https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.5484 of 2022 2.Heard the learned counsel appearing on either side and perused the materials available on record.

3.This Court by an order dated 27.09.2021, has granted interim bail to the petitioners in Crl.O.P.(MD)No.11439 of 2021 and directed them to deposit a sum of Rs.15,00,000/- to the credit of Crime No.3 of 2021 on the file of the respondent police. In pursuant to the direction of this Court, the petitioners have also complied the same. Now the petitioners have filed this petition seeking for a direction to disburse the said amount, which was already deposited by them in their favour. Even till today, the investigation is still pending in Crime No.3 of 2021 and no victims were settled so far. Therefore, this Court is not inclined to return the amount. Hence, this petition is dismissed.

sd/- 26/04/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1.THE JUDGE, SPECIAL COURT UNDER THE TAMIL NADU PROTECTION OF INTEREST OF DEPOSITORS (IN FINANCIAL ESTABLISHMENT) ACT CASES, MADURAI (SPECIAL COURT UNDER TNPID CASES, MADURAI) 2.THE INSPECTOR OF POLICE ECONOMIC OFFENCES WING, MADURAI DISTRICT.

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

ORDER

IN CRL MP(MD) No.5484 of 2022 IN CRL OP(MD) No.11439 of 2021 Date :26/04/2023 RK/VR/SAR-2(03/05/2023) 2P/4C https://www.mhc.tn.gov.in/judis 2/2