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Madras High CourtCRL RC(MD)/1018/2026disposed of

Shanthi v. State Of Tamiilnadu Rep. By The Inspector Of Police

2026-06-24Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Shanthi ... Petitioner/Petitioner Vs.

State of Tamil Nadu rep. by The Inspector of Police, DCB Police Station, Theni District.

(Crime No.13 of 2022) ... Respondent/Respondent PRAYER : Criminal Revision Case filed under Section 438 r/w 442 B.N.S.S., to call for the records pertaining to the order dated 19.05.2026 passed in Crl.M.P.No.572 of 2026 on the file of the Learned Judicial Magistrate, Theni and set aside the same as illegal and consequently direct the learned Judicial Magistrate, Theni to return the conditional deposit amount of Rs.2,00,000/- (Rupees Two Lakhs only) deposited to the credit of Crime No.13 of 2022 (subsequently C.C.No.475 of 2022) to the petitioner.

For Petitioner : Mr.S.Nirmal Kumar For Respondent : Mr.C.Susikumar Government Advocate (Crl. Side) 1/4

ORDER

Challenging the impugned order passed by the learned Judicial Magistrate, Theni in Crl.M.P.No.572 of 2026 dated 19.05.2026, this criminal revision case is filed.

2. Seeking return of money, the petitioner had filed an application before the learned trial Court, which was negated by the impugned order. Pursuant to which, this criminal revision case is filed.

3. The learned Government Advocate(crl.side) submitted that the petitioner is an accused in Crime No.13 of 2022 on the file of the respondent police. He was granted anticipatory bail by this Court in Crl.O.P(MD)No.9525 of 2022 on condition to deposit an amount of Rs. 2,00,000/- before the learned trial Court to the credit of Crime No.13 of 2022. The petitioner is already acquitted after facing the trial.

4. Heard the learned counsel appearing on either side and carefully perused the materials available on record.

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5. A careful perusal of the impugned order would reveal that the petitioner's claim for return of the amount deposited before the learned trial Court, pursuant to the condition imposed while granting anticipatory bail, has been rejected in a routine manner solely on the ground that this Court had not passed any specific order directing return of the said amount. However, I am of the considered view that since the petitioner is already acquitted after facing the ordeal of trial, the trial Court ought to have allowed the petitioner's application.

6. In view of the same, the impugned order dated 19.05.2026 is set aside. The learned trial Court is directed to return the deposited amount within a period of two (2) weeks from the date of receipt of copy of this order on the petitioner filing an application in this regard.

7. With the above directions, this Criminal Revision Case stands allowed.

24.06.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg 3/4

L.VICTORIA GOWRI ,J.

gbg To 1.The Judicial Magistrate, Theni.

2.The Inspector of Police, DCB Police Station, Theni District.

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

Order made in Dated: 24.06.2026 4/4