Madras High CourtCRL MP(MD)/10585/2025allowed

P. Sethuramalingam v. S. Periyasami

2025-11-13Honourable Mrs Justice S.Srimathy2 pages

CRL MP(MD) NO. 10585 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13-11-2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL MP(MD) No. 10585 of 2025 in CRL OP(MD)No.17062 of 2019 P. Sethuramalingam Petitioner(s) Vs

1. S. Periyasami

2. The State of Tamilnadu Through The Inspector of Police Rasipuram Police Station Namakkal District.

Respondent(s) For Petitioner(s):

Mr.R. Murugappan For Respondent(s):

Mr.S.S.Manoj Government Advocate (Crl. Side), for R-2 Prayer:

To direct the Fast Track Court at Magistrate Level, Karur, Karur District to refund the amount of Rs.1,00,000/-, which was deposited by the petitioner to the credit of S.T.C.No.249 of 2016, based on the Honble High Court direction in Crl.O.P.(MD) No.17062 of 2019 dated 21.11.2019 in S.T.C.No.249 of 2016, on the file of the learned Judicial Magistrate No.I, Karur, now as S.T.C.No.187 of 2020, on the file of the Fast Track Court at Magistrate Level, Karur, KarurDistrict.

ORDER

The present petition has been filed seeking a direction to release the sum of Rs.1,00,000/- https://www.mhc.tn.gov.in/judis

deposited by the petitioner/accused. It is submitted that after a trial, the petitioner/accused was acquitted in S.T.C. No.187 of 2020 on the file of the Fast Track Court, Magistrate Level, Karur, Karur District.

2. The first respondent has filed a counter affidavit stating that he has preferred an appeal in Crl.A.(MD) No.467 of 2025 before the Hon'ble High Court. He further submitted that since the appeal is pending, withdrawal of the deposit should not be permitted. However, as no order of stay has been granted in the appeal. Hence, the petitioner/accused cannot be prevented from seeking refund of the deposited amount.

3. In view of the same, the Fast Track Court, Magistrate Level, Karur, Karur District, is directed to refund the amount of Rs.1,00,000/- to the petitioner/accused.

4. Accordingly, this petition is allowed, subject to the condition that in the event the appeal succeeds, the petitioner/accused shall repay the said amount of Rs.1,00,000/-. 13-11-2025 jbr To The State of Tamilnadu Through The Inspector of Police Rasipuram Police Station Namakkal District.

https://www.mhc.tn.gov.in/judis