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Madras High CourtCRL MP(MD)/13696/2024disposed of

Rajaguru v. The State Of Tamilnadu

2024-12-16Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixteenth day of December Two Thousand and Twenty Four PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH IN CRL OP(MD) No.16760 of 2022 RAJAGURU ... PETITIONER/PETITIONER Vs 1 THE STATE OF TAMILNADU REP BY THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THOOTHUKUDI DISTRICT.

CRIME NO.30/2022.

...1ST RESPONDENT/RESPONDENT 2 R.SUBBURAJ ... 2ND RESPONDENT/PETITIONER Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to permit the Petitioner to Withdraw the Amount of Rs.3,00,000/- (Rupees Three Lakhs Only) Deposited before the Learned Judicial Magistrate No.4, Thoothukudi to the credit of Cr.No.30 of 2022 vide Receipt No.2546507 dated 28.09.2022 pursuance to the order passed by this Honourable Court in CRL OP(MD)No.16760 of 2022 dated 27.09.2022. Order : This petition coming up for orders on this day, upon perusing the petition 1/5

filed in support thereof and upon hearing the arguments of M/S. MAYILVAHANA RAJENDRAN.C, Advocate for the petitioner and of MR.B.THANGA ARAVINDH, Government Advocate(Crl.side) on behalf of the Respondent No.1, the court made the following order:- This petition has been filed to permit the petitioner to withdraw the amount of Rs.3,00,000/- deposited by the petitioner to the credit of Crime No.30 of 2022 pursuant to the order passed in Crl.O.P.(MD) No.16760 of 2022 dated 27.09.2022. 2.Heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the first respondent. 3.In the instant case, the petitioner was originally added as A3. The petitioner was also arrested and remanded to judicial custody. The petitioner filed Crl.O.P.(MD) No.16760 of 2022 to enlarge the petitioner on bail.

An order was passed on 27.09.2022 by enlarging the petitioner on bail by imposing certain conditions. One such condition that was imposed was directing the petitioner to deposit a sum of Rs.3,00,000/- to the credit of Crime No.30 of 2022. This condition was complied with by the petitioner.

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4.Investigation was completed and police report was filed before the Court below and it was taken on file by the learned Judicial Magistrate No.IV, Thoothukudi, in C.C.No.586 of 2023 for offence under Section 406, 420, 120(b) and 506 (i) of IPC. The petitioner who was arrayed as A3 filed a discharge petition in Cr.M.P.No.12411 of 2023. This discharge petition was allowed by an order dated 08.12.2023 and thereby the petitioner was discharged from the case. 5.Pursuant to the above order, the petitioner has now filed the present petition to permit the petitioner to withdraw the amount deposited by him when he was enlarged on bail by this Court.

6.In the considered view of this Court, the petitioner has now been discharged from the main case and therefore, the petitioner must be permitted to withdraw the amount deposited before the learned Judicial Magistrate No.IV, Thoothukudi, in Crime No.30 of 2022. Accordingly, the petitioner shall move an application before the learned Judicial Magistrate No.IV, Thoothukudi, to withdraw the amount and the said application shall be entertained and it shall be ordered and the petitioner shall be permitted to withdraw the amount lying to the credit of Crime No.30 of 2022.

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7.This petition is disposed of accordingly.

sd/- 16/12/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

pkn TO

1. THE JUDICIAL MAGISTRATE NO.IV, TUTICORIN.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3. THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THOOTHUKUDI DISTRICT.

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

+1 CC to M/s.C.MAYIL VAHANA RAJENDRAN, Advocate ( SR-15495[I] dated 17/12/2024 )

ORDER

IN IN CRL OP(MD) No.16760 of 2022 Date :16/12/2024 4/5

RK/SKN (20/12/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5