Maria Sahaya Shalini v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.01.2025 PRESENT THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL MP(MD) Nos. 13271 & 13503 of 2024 in Crl.O.P(MD).No.7493 of 2024 Maria Sahaya Shalini D/o. Michael @ Selva Michael, 120B, North Street, Manjuvilai, Kalakadu, Tirunelveli District.
... Petitioner (in both cases) Vs The State of Tamilnadu Rep by The Inspector of Police, Palayamkottai Police Station, Tirunelveli.
Crime No.261 of 2024.
... Respondent(in both cases) CRL MP(MD) No. 13271 & 13503 of 2024:
For Petitioner : Mr.L.Prabakaran, Advocate (in both cases) For Respondent : Mr.A.Albert James, Government Advocate(Crl.Side) (in both cases) 1/4
ORDER
When these matters were taken up for hearing today, it was brought to the notice of this Court that, out the balance amount of Rs.2,50,000/-, a sum of Rs.2,00,000/- was paid to the defacto complainant by way of cash and the balance of Rs.50,000/- was paid through G-pay.
2. The defacto complainant was present before this Court and he is represented though Counsel. The above fact was also acknowledged by them.
3. In the earlier order passed on 10.12.2024, it was brought to the notice of this Court that a sum of Rs.2,50,000/- was deposited in the Crime Number before the Court below.
4. The learned counsel for the defacto complainant sought for the permission of this Court to withdraw the amount that has been deposited. The learned counsel for the petitioner did not raise any objection.
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5. In view of the above, it is left open to the defacto complainant to file a memo before the Court below and seek for withdrawal of the sum of Rs.2,50,000/- which has been deposited to the account of Crime No.261 of 2024. The Court below shall entertain the same and permit the defacto complainant to withdraw the amount. It is made clear that the withdrawal of the amount and the payment to the defacto complainant is without prejudice to the rights of the petitioner.
6. In view of the above, Crl.M.P.(MD).No.13271 of 2024 is disposed of, since the amount has been deposited.
7. In so far as Crl.M.P.(MD).No.13503 of 2024 is concerned, the petitioner was directed to deposit his passport as per the condition 6(c) of the order.
8. In the light of the above development and taking into consideration the fact that the petitioner has to undergo higher education in a foreign Country, the said condition stands deleted. To that extent, the Crl.M.P.(MD).No.13503 of 2024 stands allowed.
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9. Accordingly, both the Criminal Miscellaneous Petitions are ordered and time granted to the petitioner to comply the condition is extended for a period of 10 days from the date of receipt of copy of the order. Sd/- 20/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai -625 023 sma TO 1 THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI. 2 -DO -THROUGH -THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3 THE INSPECTOR OF POLICE, PALAYAMKOTTAI POLICE STATION, TIRUNELVELI.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL MP(MD) Nos. 13271 & 13503 of 2024 IN CRL OP(MD) No.7493 of 2024 Date :20/01/2025 ES/SKN/SAR /07.02.2025/ 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.
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