Madras High CourtCRL MP(MD)/15391/2022disposed of

Thirunavukkarasu v. The Inspector Of Police

2022-12-12Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL MP(MD) No.15391 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twelfth day of December Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CRL MP(MD) No.15391 of 2022 IN CRL OP(MD) No.2441 of 2018 1 THIRUNAVUKKARASU 2 SURESH ... PETITIONERS Vs THE STATE REP.BY THE INSPECTOR OF POLICE POOVANTHI POLICE STATION, SIVAGANGAI DISTRICT-630610.

CRIME NO.16 OF 2018.

... RESPONDENT/COMPLAINTS Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to direct to return the Petitioners deposited amount based on this Honble Court order in Crl.MP.(MD).No.4178 of 2022,dt.19.4.2022 in Crl.OP.(MD).No.2441 of 2018 dt.22.02.2018 within a stipulated time that may be fixed by this Hon'ble Court.

Prayer in CRL MP(MD). 4178/ 2022 :

To direct the return the petitioners with late Rajamani/Accused No. 1 already deposited amount of Rs. 25000/- in Crime No. 16 of 2018 as a condition in Anticipatory bail in Crl.O.P.(MD) No. 2441 of 2018, Dt. 22.02.2018 on the file of the Judicial Magistrate Court II, Sivagangai in quashed C.C.No.524 of 2019 by 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 M/S.SENTHILKUMAR R, Advocate for the petitioner and of Mr.T.SENTHIL KUMAR, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- This petition has been filed seeking for a direction to return the petitioners' deposited amount based on the order of this Court in Crl.M.P.(MD)No.4178 of 2022, dated 19.04.2022 in Crl.O.P.(MD) No.2441 of 2018 within a stipulated time that may be fixed by this Court.

https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.15391 of 2022 2.It is the grievance of the petitioner that despite an order passed by this Court in Crl.M.P.(MD)No.4178 of 2022, in Crl.O.P. (MD)No.2441 of 2018, dated 19.04.2022, to refund the amount deposited in Cr.No.16 of 2018 and the despite the fact of quashment of the entire proceedings, the learned Judicial Magistrate-II, Sivagangai, has not returned the amount and thereby, the present petition has been filed.

3.Perusal of the records would show that the petitioner has not mentioned any details with regard to the petition or the memo filed before the Court concerned. The petitioner is directed to file appropriate petition along with an affidavit before the Court concerned seeking for refund of the amount. On filing of such petition, the learned Judicial Magistrate-II, Sivagangai shall consider and pass orders on merits and in accordance with law within a period of two weeks from the date of filing of such application. 4.With the above directions, this petition is disposed of. sd/- 122022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, SIVAGANGAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE POOVANTHI POLICE STATION, SIVAGANGAI DISTRICT-630610.

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

+1. C.C. to M/S.SENTHILKUMAR R Advocate SR.No.14674 ORDER IN CRL MP(MD) No.15391 of 2022 IN CRL OP(MD) No.2441 of 2018 Date :12/12/2022 cmr SA/VR/SAR.3/20.12.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2