Madras High CourtCRL OP(MD)/17570/2018disposed of

A.Franklin Moses v. The Inspector Of Police

2018-10-03Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD).No.17570 of 2018 and Crl.M.P.(MD)No.7794 of 2018 A.Franklin moses

...Petitioner

Vs.

The Inspector of Police Srirangam Police Station, Srirangam, Trichy.

Cr no.757 of 2017 ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the respondent to file the final report in connection with the case in Crime No.757/2017 dated 17.09.2017 within a time frame as fixed by this Court.

For Petitioner :Mr.S.Karthick Subramanian For Respondent :Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

O R D E R

This petition has been filed to file the final report in connection with the case in Crime No.757/2017 dated 17.09.2017. 2.The learned Government Advocate would submit that the police after investigation, filed a closure report before the concerned Court.

3.It is seen from records that the petitioner was shown as an accused in Crime No.757 of 2017. The accused had approached this Court by filing an anticipatory bail petition in Crl.O.P.(MD) No.13344 of 2017 and this Court by an order, dated 28.09.2017, granted anticipatory bail to the petitioner on condition that the petitioner shall deposit 50% of the claim amount before the Court below. Pursuant to the said order, the petitioner has deposited a sum of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only) before the learned Judicial Magistrate No.III, Trichirappalli. Now that the case itself has been closed as "Mistake of Fact". The petitioner is entitled to the refund of the amount deposited by him to the account of Crime No.757 of 2017 before the learned Judicial Magistrate No.III, Trichirappalli.

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4.The petitioner is directed to file an appropriate application before the Court below and the learned Judicial Magistrate No.III, Trichirappalli, is directed to pass appropriate orders and permit the petitioner to withdraw the amount. 5.With the above directions, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(Cs-I) To

1. The Judicial Magistrate No.III, Trichirappalli.

2. The Inspector of Police Srirangam Police Station, Srirangam, Trichy.

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

+1cc to Mr.S.Karthick Subramanian, Advocate Sr.No.88617 LS VB/RSK/SAR1/10.10.2018/2P/5C Crl.O.P.(MD).No.17570 of 2018 03.10.2018 https://hcservices.ecourts.gov.in/hcservices/