Murugesan v. State Of Tamil Nadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twentieth day of November Two Thousand and Twenty Four PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH IN CRL OP(MD) No.10415 of 2024 MURUGESAN ... PETITIONER/DE-FACTO COMPLAINANT Vs 1 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, VIRUDHUNAGAR DISTRICT.
(CRIME NO.7 OF 2024) ... RESPONDENT/COMPLAINANT/RESPONDENT 2 CHRISTY JEEVAGAN ... RESPONDENT/PETITIONER/ACCUSED-4 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 Court No. II, Virudhunagar, to return the money Rs. 400000/- (Four Lakhs rupees) to the petitioner, as already deposited by the accused No.4 in crime No. 7 of 2024, condition imposed in Crl.O.P.(MD). No. 10415/2024 dated 22.07.2024 on the file of this Hon'ble Court.
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.S.BALAJI, Advocate for the petitioner and of MR.A.ALBERT JAMES, Government Advocate (Crl.Side) on behalf of the 1st Respondent, the court made the following order:- This petition has been filed seeking for permission to withdraw the amount of Rs.4,00,000/- that has been deposited by the 2nd respondent / A4 as per the condition 1/3
imposed by this Court while passing orders in Crl.OP(MD).No.10415 of 2024 dated 22.07.2024.
2.Heard the learned counsel on either side and perused the materials placed on record.
3.In the considered view of this Court, the amount is deposited without prejudice to the rights of the accused persons. Therefore, unless the accused person give the no objection, this Court will not permit that petitioner to withdraw the amount.
4.This Court must also consider the fact that it will take more time for this case to get disposed of and no useful purpose will be served in keeping the amount to the credit of the crime number till the disposal of the case. It would be more appropriate to direct the learned Judicial Magistrate to deposit this amount in some fixed deposit so that interest is earned out of this amount. 5.In view of the above, there shall be a direction to the learned Judicial Magistrate No.II, Virudhunagar to invest the sum of Rs.4,00,000/- that has been deposited by the 2nd respondent / A4 in some interest earning fixed deposit for a period of 3 years. Depending upon the pendency of the case, it can be renewed from time to time till the disposal of the case.
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6.This criminal miscellaneous petition is disposed of in the above terms. sd/- 20/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTUR.
3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.BALAJI, Advocate ( SR-14320[I] dated 21/11/2024 )
ORDER
IN IN CRL OP(MD) No.10415 of 2024 Date :20/11/2024 RS//SAR-(25.11.2024) 3P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3