Madras High CourtCRL OP(MD)/9286/2022disposed of

G.Srinivasan v. The Inspector Of Police

2024-02-08Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD) No.9286 of 2022 G.Srinivasan ... Petitioner Vs.

The Inspector of Police, Srirangam Police Station, Trichy City.

Crime No.194 of 2017 ...Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to the order of the learned Principal District and Sessions Judge, Trichy dated 02.03.2022 in Crl.R.C.No.14 of 2021, confirming the order dated 29.12.2020 in Crl.M.P.No.1532 of 2020 on the file of the learned District Munsif cum Judicial Magistrate, Srirangam and set aside the same and issue directions for refund of the amount deposited by the petitioner as a condition for grant of bail by the learned District Munsif cum Judicial Magistrate, Srirangam, vide order dated 06.03.2017 made in Crl.M.P.No.972 of 2017.

For petitioner : Mr.VR.Shanmuganathan For Respondent : Mr.S.Manikandan Government Advocate (Crl.side) 1/5

O RDER This Criminal Original Petition has been filed to call for the records relating to the order passed by the learned Principal District and Sessions Judge, Trichy, dated 02.03.2022 in Crl.R.C.No.14 of 2021 confirming the order dated 29.12.2020 passed in Crl.M.P.No.1532 of 2020, on the file of the learned District Munsif cum Judicial Magistrate, Srirangam, and set aside the same and issue a direction for refund of the amount deposited by the petitioner as a condition for grant of bail by the learned District Munsif cum Judicial Magistrate, Srirangam, vide order dated 06.03.2017 made in Crl.M.P.No.972 of 2017. 2.The learned counsel appearing for the petitioner submits that a case was registered in Crime No.

194 of 2017 against the petitioner and the other accused persons and the petitioner was arrested and remanded to judicial custody and later, he was released on bail by the learned District Munsif cum Judicial Magistrate, Srirangam, vide order dated 06.03.2017 in Crl.M.P.No.972 of 2017, on condition that the petitioner should deposit a sum of Rs.3,00,000/- as surety in Nationalised Bank and accordingly, he deposited the said amount. Thereafter, there is no progress in the investigation and the charge sheet has also not been filed. Hence, he filed Crl.M.P.No.

surety amount, however, the same was dismissed on 29.12.2020. Aggrieved by the same, the petitioner has filed Crl.R.C.No.14 of 2021 before the learned Principal District and Sessions Judge, Trichy and it was dismissed on 02.03.2022. Hence, the petitioner is before this Court. 3.When the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents Police submits that the charge sheet has been filed before the learned District Munsif cum Judicial Magistrate, Srirangam, on 07.02.2024.

4. In view of the submission made by the learned Additional Public Prosecutor appearing for the respondent Police, no further orders are required to be passed in this petition. However, the learned District Munsif cum Judicial Magistrate, Srirangam, is directed to take the charge sheet on file and conclude the trial within a period of one year from the date of receipt of a copy of this order.

5. Accordingly, this Criminal Original Petition is disposed of. 08.02.2024 Index : Yes/No Internet : Yes/No ssb 3/5

To 1.The Inspector of Police, Srirangam Police Station, Trichy City.

2.The learned District Munsif cum Judicial Magistrate, Srirangam 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI. J.

ssb 08.02.2024 5/5