Ayyalusamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Third day of July Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN IN CRL OP(MD) No.6226 of 2007 AYYALUSAMY ... Petitioner / Petitioner Vs THE INSPECTOR OF POLICE RAJAPALAYAM SOUTH POLICE STATION, VIRUDHUNAGAR DISTRICT.

(CRIME NO.376/2007).

... 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 issue a direction to the Honble JM No.I,Virudhunagar to refund the deposit amount of Rs.2,00,000/- deposited by the Petitioner in the account of Crime No.376/2007 pursuant to the direction of this Honble Court in Crl.OP(MD)No.6226/2007, to the petitioner and other accused herein have filed CRL OP(MD) No.15933 of 2016 before this Hon'ble Court in which this Hon'ble Court in its order dated 27.11.2019 was pleased to quash CC No.229 of 2009 on the file of the Judicial Magistrate, Rajapalayam.

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.LAKSHMI GOPINATHAN, Advocate for M/S.POLAX LEGAL SOLUTIONS, Advocate for the petitioner and of Mr.M.VAIKKAM KARUNANITHI, Government Advocate (Crl. side) on behalf of the Respondent, the Court made the 1/3

following order:- This petition has been filed to issue a direction to the Judicial Magistrate No.I, Virudhunagar, to refund the deposit amount of Rs.2,00,000/- deposited by the petitioner in the account of Crime No.376/2007 pursuant to the direction of this Court in Crl.O.P.(MD)No.6226 of 2007 dated 10.07.2007.

2. The learned counsel for the petitioner submits that the case against the petitioner in C.C.No.229 of 2009 (in Crime No.376/2007) was quashed by this Court in Crl.O.P. (MD)No.15933 of 2016 and hence, he filed this petition with a direction to the Judicial Magistrate No.I, Virudhunagar, to refund the deposit amount of Rs.2,00,000/- deposited by the petitioner.

3. Considering the reasons assigned in the affidavit filed in support of this petition, this petition is allowed and the Judicial Magistrate No.I, Virudhunagar, is directed to refund the deposit amount of Rs.2,00,000/- to the petitioner. sd/- 03/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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To 1.The Judicial Magistrate No.I, Virudhunagar.

2.Do through the Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.

3.The Inspector of Police, Rajapalayam East Police Station, Virudhunagar District.

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

+1 CC to M/s.M/S.POLAX LEGAL SOLUTIONA, Advocate ( SR-7286[I] dated 03/07/2024 )

ORDER

IN IN CRL OP(MD) No.6226 of 2007 Date :03/07/2024 ED/ VR /SAR- (18/07/2024) 3P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3