Madras High Court
Thirumalai Ganesan vs The State Of Tamil Nadu on 10 September, 2025
CRL OP(MD). No.14668 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 10.09.2025
CORAM
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
CRL OP(MD). No.14668 of 2025
Thirumalai Ganesan, ... Petitioner
Vs.
The State of Tamil Nadu,
Rep. by the Inspector of Police,
Vasudhevanallur Police Station,
Tenkasi District.
Cr. No.235/2017.. ... Respondent
PRAYER :- This Petition filed under Section 528 BNSS / 482 Cr.P.C.,
to direct the learned Judicial Magistrate, Sivagiri, to return the
compensation amount of Rs.1,05,000/- deposited in Crime No.235/2017
in the light of the order of this Honble Court in Crl.OP.(MD).No.13489
of 2017 dated 05.10.2017.
For Petitioner : Mr.G.Karuppasamypandiyan,
For Respondent : Mr.R.Meenakshi Sundaram,
Additional Public Prosecutor
ORDER
This Petition has been filed to direct the learned Judicial
Magistrate, Sivagiri, to return the sum of Rs.1,05,000/- said to have been
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deposited in Crime No.235 of 2017, pursuant to the conditional order
imposed by this Court in Crl.OP.(MD).No.13489 of 2017 dated
05.10.2017.
2. The petitioner is an accused in S.C.No.112 of 2024. During
investigation, the petitioner approached this Court for anticipatory bail
and this Court, in Crl.OP.(MD).No.13489 of 2017, passed the following
order:-
“5.(i). the first petitioner shall deposit a sum of
Rs.1,05,000/- (Rupees One Lakh and Five Thousand only) to
the credit of Crime No.235 of 2017 before the learned
Judicial Magistrate, Sivagiri, without prejudice to his
defence before the trial Court and on such deposit, the
Magistrate is directed to disburse the same as compensation
to the de-facto complainant”
3. The petitioner had challenged this order, filed S.L.P to
Appeal(Crl.)Nos.532-533 of 2018 before the Hon'ble Supreme Court
and the Hon'ble Supreme Court had passed the following order:-
“The petitioners have deposited an amount of Rs.1.05
lacs before the Trial Court. Consequently, the order passed
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by the Trial Court is confirmed. However, it is made clear
that the amount will not be disbursed and be kept in a Fixed
Deposit.”
4. The learned counsel for the petitioner would submit that the
petitioner was tried in S.C.No.112 of 2024 and acquitted, by the
judgment dated 02.12.2024 and therefore, the victim therein would not
be entitled to any compensation.
5. The learned Public Prosecutor confirms the fact that the
petitioner was tried and acquitted in S.C.No.112 of 2024 and that the
State has not preferred any appeal challenging the acquittal.
6. Therefore, this Court is the view that the petitioner would be
entitled to the amount, which is deposited before the Judicial Magistrate,
Sivagiri. The Judicial Magistrate, Sivagiri, is therefore directed to return
the said amount to the petitioner, on his filing an appropriate application
with the deposit receipt. The learned Magistrate shall consider ad dispose
of the said application within a reasonable period.
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7. With the above observation, this Criminal Original Petition is
disposed of.
10.09.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes/ No
LS
TO
1. The Judicial Magistrate,
Sivagiri.
2.The Inspector of Police,
Vasudhevanallur Police Station,
Tenkasi District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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SUNDER MOHAN,J.
LS
Date : 10.09.2025
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