Jagadeesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirtieth day of July Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN IN CRL OP(MD) No.23273 of 2023 JAGADEESAN ... Petitioner / Petitioner Vs THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, KARUR.

(CRIME NO. 28/2023) ... Respondent / Respondent Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to modify the condition (c) that the trial court may disburse the said amount to the defacto complainant, after obtaining appropriate affidavit from the defacto complainant that in the event of the petitioner succeeds in the trial, he is entitled for refund of the said amount imposed in the order dated 05.01.2024 in CRL OP(MD) No.23273 of 2023. Order : This criminal miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/s.S.MUTHUKRISHNAN, Advocate for the petitioner and of Mr.M.VAIKKAM KARUNANITHI, Government Advocate (Crl. side) on behalf of the Respondent, the Court made the following order:- This petition has been filed to modify the condition 7(c) imposed upon the 1/3

petitioner that the trial Court may disburse the said amount to the defacto complainant after obtaining appropriate affidavit from the defacto complainant that in the event the petitioner succeeds in the trial, he is entitled for refund of the said amount in Crl.O.P.(MD)No.23273 of 2023, dated 05.01.2024. 2.Heard the learned counsel on either side.

3.Considering the submissions made by both sides, one of the condition in paragraph No. 7(c) imposed upon the petitioner that the trial Court may disburse the said amount to the defacto complainant after obtaining appropriate affidavit from the defacto complainant that in the event the petitioner succeeds in the trial, he is entitled for refund of the said amount in Crl.O.P.(MD)No.23273 of 2023, dated 05.01.2024 is hereby deleted. All other conditions in the said order, dated 05.01.2024, shall remain unaltered.

4.The Criminal Miscellaneous Petition is ordered accordingly. sd/- 30/07/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP 2/3

To 1.The Judicial Magistrate No.II, Kulithalai.

2.Do through the Chief judicial Magistrate, Karur District.

3.The Inspector of Police, District Crime Branch, Karur.

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

+1 CC to M/s.S.MUTHUKRISHNAN, Advocate ( SR-8915[I] dated 30/07/2024 )

ORDER

IN IN CRL OP(MD) No.23273 of 2023 Date :30/07/2024 ED/ VR /SAR- (08/08/2024) 3P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3