Narayanaswamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of August Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY IN CRL OP(MD) No.5686 of 2022 NARAYANASWAMY ... PETITIONER/ACCUSED NO.2 Vs THE INSPECTOR OF POLICE CITY CRIME BRANCH, MADURAI CITY.

CRIME NO. 38 OF 2021.

(ORIGINALLY REGISTERED AS ANNANAGAR POLICE STATION, MADURAI CITY VIDE CRIME NO. 68/2021) ... 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 J.M No.I, Madurai to return the amout of Rs.5,00,000/- deposited to the credit of Cr.No. 38/2021 pending on the file of the Inspector of Police, CCB, Madurai (Originally registered at Anna Nagar P.S., Madurai vide Cr.No.68/2021) pursuant to the condition passed in CRL OP(MD)No.5686 of 2022 vide order dated 27.04.2022. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of MR.ANAND R., Advocate for the petitioner and of MR.A.ALBERT JAMES, Government Advocate (Crl.side) on behalf of the Respondent the court made the following order:- 1/3

Heard the learned counsel appearing for the petitioner.

2. The learned counsel appearing on either side would submit that that the final report has been filed recording the case as a mistake of fact and the same has been accepted by the learned Special Court.

3. In view thereof when the amount was directed to be deposited while granting the anticipatory bail, it goes without saying that the petitioner will be entitled for return of the said amount.

4. Therefore, this petition is allowed with a direction to the learned Judicial Magistrate No.I, Madurai to return the amount to the petitioner herein upon the petitioner filing a memo along with a copy of this order upon verifying the identity of the petitioner as per due process.

sd/- 29/08/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar (CS-I/ II/ III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP 2/3

TO 1 THE JUDICIAL MAGISTRATE NO.I, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, CITY CRIME BRANCH, MADURAI CITY.

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

ORDER

IN IN CRL OP(MD) No.5686 of 2022 Date :29/08/2024 RK/SG (05/09/2024) 3P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3