Alphonse v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty First day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.ILANGOVAN IN CRL OP(MD) No.4533 of 2005 ALPHONSE ... PETITIONER/ACCUSED No.1 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE B3-LAW AND ORDER POLICE STATION, * THEPPAKULAM, (IN CRIME NO.1637/2004.) ... 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 learned Judicial Magistrate No.I,Madurai to refund the amount of Rs.50,000/- kept as security to the credit of C.C.No.235 of 2005 as per the order in Crl.O.P.(MD)No.4533 of 2005 order dated 13.06.2005.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.S.SRIKANTH, Advocate for M/S.APN LAW ASSOCIATES, for the petitioner and of Mr.S.MANIKANDAN, Government Advocate(Crl.side) on behalf of the Respondent, the Court made the following order:- 1/3

While passing the bail order, petitioner was directed to deposit Rs.50,000/- before the trial Court to the credit of the Crime No.1637 of 2004. After full trial, this petitioner was acquitted by the trial Court, but no order was passed in respect of the above said deposit.

2. The learned counsel for the petitioner would submit that no appeal has been preferred by the defacto complainant or by State, since the judgment is dated 07.12.2022. There shall be direction to the trial Court to refund the amount that was deposited by the petitioner, after following the due procedure. sd/- 21/07/2023 (*)For Amended as per order of this Hon'ble Court dated 13.09.2023 in CRL MP(MD) No.13153 of 2023 in CRL MP(MD) No.10428 of 2023 in CRL OP(MD) No.4533 of 2005.

/ TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

indu TO TO BE SUBSTITUTED WITH THE ORDER DATED 21.07.2023 ALREADY DESPATCHED 1 THE JUDICIAL MAGISTRATE NO.I, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, 2/3

3 THE INSPECTOR OF POLICE B3-LAW AND ORDER POLICE STATION, THEPPAKULAM, 4 THE INSPECTOR OF POLICE B3-LAW AND ORDER POLICE STATION, TALLAKULAM, 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN IN CRL OP(MD) No.4533 of 2005 Date :21/07/2023 SS/MMS/01/08/2023/2P/5C ED/ /SAR- (20/09/2023) 3P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3