Selvaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifteenth day of December Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM IN CRL OP(MD) No.4474 of 2023 1 SELVARAJ 2 GAYATHRI ... PETITIONER/PETITIONER Vs THE INSPECTOR OF POLICE ARUPPUKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR.

... RESPONDENT/COMPLAINANT 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 petitioners to withdraw the amount of Rs.3,00,000/- deposited by them to the learned Judicial Magistrate, Aruppukottai dt.09.05.2023 pursuant to the order of this Honble High Court in Crl OP(MD) No.4474/2023 dt.09.03.2023 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.POORNACHANDRAN.S, Advocate for the petitioners and of MR.R.SURESH KUMAR, Government Advocate(Crl.side) on behalf of the Respondent the court made the following order:- This Criminal Miscellaneous Petition has been filed to permit the petitioners to withdraw the amount of Rs.3,00,000/- deposited by them before the learned Judicial Magistrate, Aruppukottai dated 09.05.2023 in pursuance to the order passed by this Court in Crl.O.P(MD) No.4473 of 2023.

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2. The learned counsel appearing for the petitioners submitted that the petitioners are accused in Crime No.47 of 2023 for the offences under Sections 406,420,323 and 506(i) of IPC on the file of the respondent police. They filed application for anticipatory bail before this Court in Crl.O.P(MD) No.4474 of 2023 and this Court by an order dated 09.03.2023 granted anticipatory bail to the petitioners on condition that the petitioners/A1 and A2 shall jointly deposit a sum of Rs.3,00,000/- to the credit of Crime No.47 of 2023 before the learned Judicial Magistrate, Aruppukottai, Virudhunagar District. Now investigation has been completed and final report has been filed before the concerned Court deleting the names of the petitioners, therefore they seek to withdraw the said amount.

3. The learned Additional Public Prosecutor also concedes that the names of the petitioners have been deleted in the charge sheet.

4. Considering the submission made on either side and also the fact that the names of the petitioners have been deleted from the final report, the trial Court is hereby directed to refund the amount of Rs.3,00,000/- which was deposited by the petitioner to them immediately.

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5. This petition is ordered accordingly.

sd/- 15/12/2023 / TRUE COPY / /12/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

aav TO 1.THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT @ SRIVILLIPUTHUR 3.THE INSPECTOR OF POLICE ARUPPUKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR.

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

ORDER

IN IN CRL OP(MD) No.4474 of 2023 Date :15/12/2023 RK/VR (26/12/2023) 3P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3