Thirunavukkarasu vs The State Represented By
2022 Latest Caselaw 6274 Mad

                                                                                Crl.O.P.No.6755 of 2022



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 28.03.2022

                                                         CORAM :

                      THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA

                                               Crl.O.P.No.6755 of 2022


                Thirunavukkarasu                                                  ... Petitioner

                                                           Vs.

                The State represented by,
                The Inspector of Police,
                Kannankurichi Police Station,
                Salem District.                                                   ... Respondent



                PRAYER: This Criminal Original Petition is filed under Section 482 of
                Criminal Procedure Code, pleased to direct the learned Judicial Magistrate
                No.5, Salem, to refund the deposited amount of Rs.75,000/- (Rupees Seventy
                Five Thousand only) in C.C.No.27 of 2017 on the file of the Judicial Magistrate
                No.5, Salem.


                                        For Petitioner     : Mr.K.Sathish Kumar
                                        For Respondent     : Mr.A.Gokulakrishnan
                                                             Additional Public Prosecutor



                1/6

https://www.mhc.tn.gov.in/judis
                                                                                   Crl.O.P.No.6755 of 2022



                                                          ORDER

The Criminal Original Petition has been filed seeking to direct the

learned Judicial Magistrate No.5, Salem, to refund the deposited amount of

Rs.75,000/- (Rupees Seventy Five Thousand only) in C.C.No.27 of 2017 on the

file of the Judicial Magistrate No.5, Salem.

2. Learned counsel appearing for the petitioner would submit that the

respondent had registered a case in Crime No.21 of 2013 against the petitioner

and his father one Kathiravan for the offences under Sections 420, 323 and

506(ii) of IPC, on the complaint given by one Chandiran. The entire allegations

are civil in nature. The respondent after completion of investigation, had filed

the final report and the case was taken up on file in C.C.No.27 of 2017 on the

file of the learned Judicial Magistrate No.5, Salem. Thereafter, the petitioner

had applied for anticipatory bail in Crl.O.P.No.5484 of 2017 before this

Hon'ble Court and this Court by order dated 13.04.2017, had granted

anticipatory bail on condition to deposit a sum of Rs.75,000/- to the credit of

C.C.No.27 of 2017. The petitioner and his father in due compliance of the order

passed by this Hon'ble Court, had surrendered before the concerned trial Court

https://www.mhc.tn.gov.in/judis Crl.O.P.No.6755 of 2022

and deposited an amount of Rs.75,000/- to the credit of C.C.No.27 of 2017 vide

receipt No.512147, dated 02.05.2017.

3. The trial was conducted and the petitioner's father passed away and

the trial also ended in acquittal by order dated 06.10.2021. Against the order of

acquittal, neither the prosecution nor the defacto complainant had filed any

appeal till date. In view of the fact that an amount of Rs.75,000/- lying to the

credit of C.C.No.27 of 2017, the petitioner had filed an application seeking to

return the cash. Where as the trial Judge had dismissed the application stating

that since, the amount had been deposited pursuant to the order passed by the

Hon'ble High Court in Crl.O.P.No. 5484 of 2017 and such orders cannot be

passed and thereby, the present application has been filed seeking to set aside

the order and direct the trial Judge to return the amount of Rs.75,000/-

deposited by the petitioner.

4. Learned Additional Public Prosecutor would submit that the

petitioner along with his father was accused in C.C.No.27 of 2017. He would

further submit that they have been acquitted by the trial Court and as on date,

https://www.mhc.tn.gov.in/judis Crl.O.P.No.6755 of 2022

no appeal has been preferred by the State. He would also submit that the trial

Judge, rightly finding that since, an amount was deposited pursuant to the order

of this Court, had rejected the application.

5. Heard the learned counsel and perused the materials available on

record.

6. In view of the above submission, it is seen that the main case has

ended in acquittal by the Judgment of the trial Court dated 06.10.2021 and the

amount has been deposited pursuant to the orders of this Court in Crl.O.P.No.

5484 of 2017. This Court is of the opinion that no usefule purpose will be

served by retaining the amount by the trial Court. The petitioner is entitled for

refund of the amount.

7. In the result, this Criminal Original Petition stands allowed with a

direction to the petitioner to file a fresh application for return of amount

deposited in C.C.No.27 of 2017 vide receipt No.512147 dated 02.05.2017 and

the Court below is directed to refund the amount to the petitioner. The entire

https://www.mhc.tn.gov.in/judis Crl.O.P.No.6755 of 2022

excercise shall be completed by the trial Court within a period of one month

from the date of filing of such petition by the petitioner.

28.03.2022

Index :Yes/No Internet:Yes/No rgi/ham

To

1. The Inspector of Police, Kannankurichi Police Station, Salem District.

2. The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA.,J

https://www.mhc.tn.gov.in/judis Crl.O.P.No.6755 of 2022

rgi/ham

Crl.O.P.No.6755 of 2022

28.03.2022

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