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Madras High CourtCRL MP(MD)/8865/2022disposed of

K.Mathivanan v. The Inspector Of Police

2022-10-12Honourable Mr Justice A.A.Nakkiran2 pages

CRL MP(MD) No.8865 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twelfth day of October Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL MP(MD) No.8865 of 2022 IN CRL OP(MD) No.2843 of 2022 K.MATHIVANAN ... PETITIONER/INTERVENER/ DEFACTO COMPLAINANT Vs

1. THE STATE REP. BY, THE INSPECTOR OF POLICE, KARUR TOWN POLICE STATION, KARUR DISTRICT.

CRIME.NO. 90/2022.

... 1st RESPONDENT/RESPONDENT/ COMPLAINANT

2. A.IGNATIOUS ANTHONY @ VICKY ... 2nd RESPONDENT/PETITIONER/ ACCUSED Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to permit the petitioner / intervener to withdraw Rs.7 Lakhs which was deposited by the 2nd respondent / petitioner / accused in Crime.No. 90/2022 on the file of the learned Judicial Magistrate No. I, Karur in Crl.O.P.(MD) No.2843/2022, dt. 30/03/22 Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.ILAYARAJA.R, Advocate for the petitioner and of MR.M.VEERANTHIRAN, Government Advocate (Crl.Side) on behalf of the 1st Respondent, the court made the following order:- This Criminal Miscellaneous Petition has been filed to permit the petitioner/intervenor to withdraw Rs.7,00,000/- which was deposited by the second respondent/accused in Crime No.90 of 2022 on the file of the learned Judicial Magistrate No.I, Karur in Crl.O.P. (MD)No.2843 of 2022, dated 30.03.2022.

2.The learned counsel for the petitioner/intervenor would submit that this Court by order dated 30.03.2022 in Crl.O.P.(MD) No.2843 of 2022 has granted anticipatory bail to the accused on https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.8865 of 2022 condition to deposit a sum of Rs.7,00,000/- before the trial Court within a period of three weeks from the date of receipt of a copy of that order. In pursuance of the direction of this Court, dated 30.03.2022, the accused had deposited the said amount only on 20.06.2022. He would further submit that the petitioner has to return the money to the financiers with accumulated interest from whom, he has mobilized the said fund. Hence, he prayed for allowing this petition.

3.The learned Government Advocate (Crl. side) would submit that the investigation is completed and the charge sheet will be filed within a month. Hence, he prayed for dismissal of the petition. 4.Considering the submissions made by both sides, this Court is not inclined to allow this petition. Hence, this petition is dismissed with a direction to the respondent police to file the charge sheet within a period of one month from the date of receipt of a copy of this order.

sd/- 12/10/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, KARUR.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

3. THE INSPECTOR OF POLICE KARUR TOWN POLICE STATION, KARUR DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.R.ILAYARAJA, Advocate ( SR-11250[I] dated 12/10/2022 )

ORDER

IN CRL MP(MD) No.8865 of 2022 IN CRL OP(MD) No.2843 of 2022 Date :12/10/2022 USK/SSS/SAR-II/04.11.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2