Solaipasupathi v. Bomman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighteenth day of October Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN IN CRL OP(MD) No.10015 of 2023 SOLAIPASUPATHI ... Petitioner / Defacto Complainant Vs 1 BOMMAN 2 NAGALAKSHMI ... Respondents 1 & 2 / Petitioners 3 STATE REP BY THE INSPECTOR OF POLICE VANNIYAMPATTI VILAKKU POLICE STATION, VIRUDHUNAGAR DISTRICT.

(CRIME NO.87/2023) ... Respondent No.3 / Respondent Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to permit the petitioner to withdraw the amount a sumof Rs.100000 deposited to the credit of the case in Cr.No.87/2023 before the JM court No.II Srivilliputtur as per the oder in Crl.O.P.(MD).No.10015/2023 dt 09.06.2023 and thus render justice. 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.JOTHI BASU.M, Advocate for the petitioner, the court made the following order:- 1/4

This petition has been filed for seeking permission to withdraw amount of Rs.1,00,000/- which was deposited in Crime No.87 of 2023 on the file of the learned Judicial Magistrate Court No.II, Srivilliputtur, as directed by this Court in Crl.O.P. (MD).No.10015 of 2023 dated 09.06.2023.

2.

The petitioner lodged complaint alleging that the respondents 1 & 2 made an advertisement that they are running Santhiyas International Service and sending several persons to abroad for getting job. Believing their words, the petitioner gave Rs.1,10,000/- for getting job to him. However, the respondents 1 & 2 failed to secure any job and refused to return the money, thereby cheated the petitioner. On the said complaint, the third respondent police registered case in Crime No.87 of 2023 as against the petitioner for the offence punishable under Section 420 of IPC.

3.

Therefore, the respondents 1 & 2 filed application for anticipatory bail before this Court in Crime No.87 of 2023. Considering the above allegation, while granting anticipatory bail to the respondents 1 & 2, this Court imposed condition to deposit a sum of Rs.1,00,000/- jointly, to the credit of Crime No.87 of 2023. Accordingly, the respondents 1 & 2 deposited the sum of Rs.1,00,000/- to the credit of Crime No.87 of 2023 on the file of the learned Judicial Magistrate No.II, Srivilliputhur, Virudhunagar.

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4.

In view of the above, the petitioner is permitted to withdraw the amount of Rs.1,00,000/- which was deposited in Crime No.87 of 2023 on the file of the learned Judicial Magistrate Court No.II, Srivilliputtur, by filing proper application. Accordingly, the Criminal Miscellaneous Petition stands allowed. sd/- 18/10/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

RTS To 1.The Judicial Magistrate No.II, Srivilliputhur.

2.Do through the Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.

3.The Inspector of Police, Vanniyampatti Vilakku Police Station, Virudhunagar District.

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

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ORDER

IN IN CRL OP(MD) No.10015 of 2023 Date :18/10/2023 ED/JGB/SAR- (07/11/2023) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4