Madras High CourtCRL MP(MD)/14471/2023ordered

Srinivasan @ Viralimalai Srinivasan v. The Inspector Of Police

2023-10-12Honourable Mr Justice V.Sivagnanam5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twelfth day of October Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM IN CRL OP(MD) No.13746 of 2021 SRINIVASAN @ VIRALIMALAI SRINIVASAN, ... PETITIONER/ ACCUSED No.4 Vs 1 THE INSPECTOR OF POLICE CIVIL SUPPLIES C.I.D THANJAVUR, (CRIME NO.142/2021) ...1st RESPONDENT/COMPLAINANT 2 THE DEPUTY MANAGER (PURCHASE AND TRANSPORT), TAMIL NADU CIVIL SUPPLY CORPORATION, THANJAVUR UNIT, THANJAVUR.

...2nd RESPONDENT/DEFACTO COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to direct the Judicial Magistrate No.II, Thanjavur to refund the amount Rs.1,00,000/-(one lakh) which is deposited in Crime No.142/2021 on the file of the Learned Judicial Magistrate No.II Thanjavur as per the order in Crl OP(MD) No.13746/2021 dated 29.11.2021 on the file of this Hon'ble court.

1/5

Prayer in CRL OP(MD). 13746/ 2021 :

For Anticipatory bail in Crime No.142 of 2021 on the file of the Respondent police.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.VADIVELAN.T, Advocate for the petitioner and of MR.R.SURESH KUMAR,Government Advocate (Criminal Side) on behalf of the Respondent No.1, the court made the following order:- This Criminal Miscellaneous petition has been filed to direct the learned Judicial Magistrate No.II Thanjavur to refund the amount of Rs.1,00,000/- which was deposited in Crime No.142 of 2021 on the file of the learned Judicial Magistrate No.II , Thanjavur as per the order made in Crl.O.P(MD)No.13746 of 2021 dated 29.11.2021.

2. The learned counsel appearing for the petitioner would contend that the respondent police has registered a case in Crime No.142 of 2021 on the file of the learned Judicial Magistrate No.II , Thanjavur on11.09.2021. In pursuance to the complaint and inspection 13667 of paddy bags were recovered from Marungulam Sri Vasavi Rice Mills. Thereafter the petitioner filed an application for anticipatory bail before this Court in Crl.O.P(MD) No.13746 of 2021 and this Court by an order dated 29.11.20211 had granted anticipatory bail to the petitioner with a condition to deposit a sum of Rs.1,00,000/- to the credit of Crime No. 142 of 2021. Now the Senior 2/5

Regional Manager,Thanjavur, Tamil Civil Supplies Corporation by his proceedings in nr.K.M.vz; rp.4/17368/2021 ehs;.27.10.2022 ordered to return the paddy bags seized from the godown. Under these circumstances the petitioner may be directed to withdraw the amount deposited by him to the Crime No.142 of 2021 on the file of the learned Judicial Magistrate No.II , Thanjavur.

3. The learned Government Advocate(Crl.Side) appearing for the respondents would submit that the Senior Regional Manager,Thanjavur, Tamil Civil Supplies Corporation by his proceedings in nr.K.M.vz; rp.4/17368/2021 ehs;.27.10.2022 has ordered to return the paddy bags seized from the Marungulam Sri Vasavi Rice Mills. 4.Heard both sides and perused the materials available on record.

5. Since the paddy seized from the Marungulam Sri Vasavi Rice Mills were released by the Senior Regional Manager,Thanjavur, Tamil Civil Supplies Corporation by his proceedings in nr.K.M.vz; rp.4 /17368/2021 ehs;.27.10.2022 as no offence is committed by the petitioner, the petitioner is entitled for refund of amount deposited by him.

6. In view of the same the learned Judicial Magistrate No.II , Thanjavur is hereby directed to return the sum of Rs.1,00,000/- which was deposited by the 3/5

petitioner to the credit of Crime No.142 of 2021 on its file by proper identification forthwith.

7.This Criminal Miscellaneous Petition is ordered accordingly. sd/- 12/10/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO 1 THE JUDICIAL MAGISTRATE NO.II , THANJAVUR. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE CIVIL SUPPLIES C.I.D THANJAVUR.

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

4/5

COPY TO THE REGISTRAR JUDICIAL MADURAI BENCH OF MADRAS HIGH COURT MADURAI.

ORDER

IN IN CRL OP(MD) No.13746 of 2021 Date :12/10/2023 SSA/DD/20.10.2023/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5