Madras High Court
K.Mathivanan vs The State Rep.By The Inspector Of Police on 9 September, 2024
Crl.O.P.(MD)No.9402 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.09.2024
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.9402 of 2024
K.Mathivanan ... Petitioner/Defacto
Complainant
Vs.
The State rep.by the Inspector of Police,
karur Town Police Station,
Karur.
Crime No.90 of 2022. ... Respondent
PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C,
to set aside the order, dated 03.05.2024 in unnumbered Crl.M.P.No.... of
2024, by the learned Judicial Magistrate No.I, Karur, by allowing the
petition and consequently, direct the learned Judicial Magistrate No.I,
Karur to number the application under Section 452 of Cr.P.C.
For Petitioner : Mr.S.Lawrence Vimalraj
For Respondent : Mr.P.Kottai Chamy
Government Advocate (Crl. Side)
1/4
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Crl.O.P.(MD)No.9402 of 2024
ORDER
The Criminal Original Petition is directed against the order of return
made by the learned Judicial Magistrate No.I, Karur, dated 03.05.2024 in
the petition filed under Section 452(1) of Cr.P.C, for releasing the amount
lying in the Court deposit, which came to be deposited by the accused in
pursuance of the bail conditions imposed by this Court.
2. The learned Magistrate has returned the above petition stating that
there was no direction by the High Court to return the said amount to the
defacto complainant.
3. It is not in dispute that after trial, the learned Magistrate has
passed the conviction judgment and even in the judgment, compensation
was not awarded to the defacto complainant. Moreover, even in the bail
order passed by this Court, this Court, taking note of the facts and
circumstances and the submissions made by the learned counsel on either
side, considering the undertaking affidavit given by the petitioner/accused
to show his bonafide that he was ready to deposit the amount of
Rs.7,00,000/-, directed the accused therein to deposit the said amount
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before the trial Court without prejudice to his right and contentions within
a period of three weeks and this Court has neither made any direction nor
any observation that the petitioner herein is entitled to get the amount and
such an observation cannot be made at the time of granting bail.
4. In the absence of any material to show that the petitioner was
given permission to get back that amount, the return made by the learned
Magistrate cannot be found fault with. Consequently, this concludes that
the Criminal original Petition is devoid of merits and the same is liable to
be dismissed.
5. In the result, the Criminal Original Petition is dismissed.
09.09.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
das
K.MURALI SHANKAR,J.
https://www.mhc.tn.gov.in/judis
das
To
1.The Judicial Magistrate No.I, Karur.
2.The Inspector of Police,
Karur Town Police Station,
Karur.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Order made in
Dated: 09.09.2024
https://www.mhc.tn.gov.in/judis
