Lakshmanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.06.2022

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Lakshmanan ... Petitioner Vs The State, Represented by, The Inspector of Police, Adirampattinam Police Station, Thanjavur District.

Crime No.247 of 2022 ... Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to direct the Learned Judicial Magistrate Court, Pattukottai to accept the receipt submitted by the Petitioner for depositing the amount sum of Rs.10,000/- to the credit of Madras High Court, Madurai Bench, Advocate Clerks Welfare Association, Madurai - 625 023 (Indian Bank Saving Account No.496039124) on 07.06.2022 deposited through Google Pay.

For Petitioner : Mr.K.K.Ramakrishnan For Respondent : Mr.R.Suresh Kumar, Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed to direct the Learned Judicial Magistrate Court, Pattukottai to accept the receipt submitted by the Petitioner for depositing the amount sum of Rs.10,000/- to the credit of Madras High Court, Madurai Bench, Advocate Clerks Welfare Association, Madurai - 625 023 (Indian Bank Saving Account No.496039124) on 07.06.2022 deposited through Google Pay.

2. The facts of the case are that the petitioner was a sole accused in Crime No.247 of 2022 for the offences under Section 379 of I.P.C. r/w Section 21(1) of Mines and Minerals (Development and Regulations) Act, 1957 and F.I.R. has also been registered on the date of occurrence itself that is on 03.05.2022. In pursuance thereof, the petitioner has filed Anticipatory Bail in Crl.O.P.(MD). No.9485 of 2022 and this Court granted anticipatory bail to the petitioner with certain conditions vide order dated 18.05.2022. Accordingly, the petitioner has complied with all the conditions 1/3

imposed by the Court. But the learned Judicial Magistrate rejected the petitioner on the ground that he did not comply with the order. Aggrieved over this, the present Criminal Original Petition has been filed.

3. The learned counsel for the petitioner submitted that the petitioner paid the amount of Rs.10,000/- (Rupees Ten Thousand only) on 06.06.2022 as directed by this Court through google pay and also obtained a receipt from the Madras High Court, Madurai Bench, Advocate Clerks Welfare Association on 06.06.2022 and produced the receipt and informed to the Court.

4. The grievance of the petitioner is that though he had complied with the the order of the Court and paid Rs.10,000/- (Rupees Ten Thousand only) to the Madras High Court, Madurai Bench, Advocate Clerks Welfare Association, the Trial Court declined to accept the payment and returned the sureties. The fact is mentioned in the memo filed before the Court.

5. I have considered the matter in the light of the submissions made by the learned counsels for both the parties.

6. On perusal of the records it is seen that the petitioner had complied with the order and paid the amount of Rs.10,000/- (Rupees Ten Thousand only) to Madurai Bench of Madras High Court Advocate Clerk Welfare Association and obtained the receipt on 06.06.2022. This fact is disclosed to the Trial Court in the memo. In spite of that, the Trial Court has failed to accept the sureties.

7. By accepting the submissions of the learned counsel for the petitioner, this Court directs the Trial Court to receive the receipts and accept the sureties if it is otherwise in order.

8. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (Crl side) // True Copy // /06/2022 Sub Assistant Registrar(CS) 2/3

To 1.The Judicial Magistrate, Pattukottai.

2. The Inspector of Police, Adirampattinam Police Station, Thanjavur District.

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

+1 CC to M/s.K.K. RAMAKRISHNAN, Advocate ( SR-26583[F] dated 17/06/2022 ) CRL OP(MD) No.10624 of 2022 15.06.2022 SS(24/06/2022) 3P 5C 3/3