Saravanan v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.10.2025
CORAM:
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Crl.M.P.(MD)No.13695 of 2025 in Crl.A(MD)No.164 of 2017 K.Saravanan : Petitioner Vs.
State of Tamil Nadu rep.by the Inspector of Police, Thathiengarpettai Circle, Trichy District.
: Respondent Prayer : This Criminal Miscellaneous Petition filed under Section 528 of BNSS, to direct the learned Principal Sessions Judge, Trichy, to refund the deposit amount of Rs.75,000/- lying in C.R.42 Head Clerk's Receipt Book No.897404 in cause title in Crl.M.P(MD)No.9540 of 2018 in Spl.S.C. No.1 of 2015, dated 04.03.2019 on the file of this Court. For Petitioner : Mr.B.Moorthikannan For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) 1/5
ORDER
The Criminal Miscellaneous Petition has been filed seeking direction to the learned Principal Sessions Judge, Trichy, to refund the deposited amount of Rs.75,000/-, which came to be deposited in pursuance of the order passed in Crl.M.P(MD)No.9540 of 2018, dated 04.03.2019.
2. The petitioner has filed the above appeal challenging the judgment made in S.C.No.1 of 2015, dated 18.05.2017 on the file of the learned Principal Sessions Judge, Trichy, wherein he was convicted for the offence under Section 135 of Electricity Act and sentenced him to undergo two years simple imprisonment and to pay a fine of Rs.1,000/- in default to undergo three months simple imprisonment. After filing the above appeal, he moved an application for suspension of sentence in Crl.M.P(MD)No.9540 of 2018 and a learned Judge of this Court, while suspending the sentence, directed the petitioner to deposit a sum of Rs.75,000/- before the Principal Sessions Court, Trichy. 2/5
3.The learned counsel for the petitioner would submit that in pursuance of the said direction, he has deposited a sum of Rs.75,000/- before the trial Court and this Court vide judgment, dated 12.06.2025 partly allowed the criminal appeal, wherein the sentence imposed on the petitioner has been set aside and he was convicted for the offence under Section 135(1)(e) of Electricity Act and sentenced to pay a fine of Rs.50,000/- in default to undergo three months simple imprisonment and that the petitioner has complied with the directions of this Court by paying the fine amount as directed and that therefore, the petitioner may be permitted to get back the deposited amount of Rs.75,000/- from the concerned Court.
4. It is evident from the records that this Court while suspending the sentence, directed the petitioner to deposit a sum of Rs.75,000/- before the concerned Court and in pursuance of the same, the amount came to be deposited. Since the appeal was disposed of and the petitioner has already paid the fine amount, the petitioner is certainly entitled to get back the amount already deposited.
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5.Accordingly, the Criminal Miscellaneous Petition is ordered. The learned Principal Sessions Judge, Trichy is directed to refund the amount, on proper application being filed before the concerned Court. 14.10.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No das To 1.The Principal Sessions Judge, Trichy.
2.The Inspector of Police, Thathiengarpettai Circle, Trichy District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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K.MURALI SHANKAR ,J.
das Order made in Crl.M.P.(MD)No.13695 of 2025 in Crl.A(MD)No.164 of 2017 Dated : 14.10.2025 5/5