Thangam @ Thangam Nadar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Third day of July Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN IN CRL OP(MD) No.1451 of 2005 THANGAM @ THANGAM NADAR ... PETITIONER/PETITIONER/ PETITIONER Vs THE INSPECTOR OF POLICE EOW II, NAGERCOIL.
CRIME NO.3 OF 2004.
... RESPONDENT/RESPONDENT/ COMPLAINANT Criminal Miscellaneous 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 Chief Judicial Magistrate, Kanyakumari at Nagercoil to refund the security deposit of Rs.1,00,000/- made in obedience of the order passed by this Honble Court in Crl.M.P.(MD).No.1588 of 2005 in Crl.O.P.(MD)No.1451 of 2005 dated 08.03.2005 in view of the acquittal of the Petitioner in C.C.No.52 of 2008 by a Judgment dated 20.03.2013 on the file of TANPID Court Madurai. 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.SUNDARAVADIVEL S, Advocate for the petitioner and of Mr.M.VAIKKAM KARUNANITHI, Government Advocate(crl.side) on behalf of the Respondent, the 1/3
court made the following order:- This petition has been filed to direct the Chief Judicial Magistrate, Kanyakumari at Nagercoil, to refund the security deposit of Rs.1,00,000/- as per the direction of this Court in Crl.M.P.(MD)No.1588 of 2005 in Crl.O.P.(MD)No.1451 of 2005, dated 08.03.2005.
2.The learned counsel for the petitioner would submit that since the petitioner was acquitted by the trial Court, he seeks direction to the Chief Judicial Magistrate, Kanyakumari at Nagercoil, to refund the security deposit of Rs.1,00,000/- to the petitioner.
3.The above submission is admitted by the learned Government Advocate (Crl.Side) appearing for the respondent police.
4. In view of the above submission, this petition is allowed and the Chief Judicial Magistrate, Kanyakumari at Nagercoil, is directed to refund the security deposit of Rs.1,00,000/- (Rupees One Lakh only) to the petitioner. sd/- 23/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
2/3
LS TO 1 THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL.
2 THE JUDGE, TANPID COURT, MADURAI.
3 THE INSPECTOR OF POLICE EOW II, NAGERCOIL.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN IN CRL OP(MD) No.1451 of 2005 Date :23/07/2024 SA/VR/SAR. /31.07.2024/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3