Dismissed

K.Muthusamy v. the State Rep by

Madras HC30 Mar 2022CRL MP/3933/2022

Case brief

AI extract

What is this about?

Petitioners sought withdrawal of Rs. 3.50 lakhs deposited as a condition for anticipatory bail in a criminal case. The police dropped action, allowing the money to be returned. The Court directed petitioners to apply to the Trial Court for the funds, subject to notice to the defacto complainant.

What did the court decide?

Petitioners directed to approach the Trial Court (Judicial Magistrate-II, Erode) to file a petition for withdrawal of the deposited money.

K.Muthusamy Vs the State Rep by — Anticipatory Bail | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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( Criminal Jurisdiction )

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Wednesday, the Thirtieth day of March Two Thousand Twenty Two

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PRESENT

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The Hon`ble Dr Justice G. JAYACHANDRAN

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CRIMINAL MISCELLANEOUS PETITION No.3933 of 2022

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IN CRL OP.1399/2020

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1 K.MUTHUSAMY [ PETITIONERS/ACCUSED ] 2 M.PRADEEPKUMAR

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Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, ERODE DISTRICT. CRIME NO.1/2020.

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Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Permit the petitioner to Withdraw Rs.3,50,000/- (Rupees Three Lakhs Fifty Thousand only) deposited by them in the credit of Crime No.1/2021 before the Learned Judicial magistrate No.2, Erode as per the condition in Para 8(a) imposed in the order dated 27.01.2020 made in Crl.OP.1399/2020.

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Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S N.MANOHARAN, Advocate for the petitioner and of M/S.S.SANTHOSH, Govt. Advocate ( Crl. Side) on behalf of the Respondent the court made the following order:-

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The petitioners herein are accused Nos.1 and 2 in Crime No. 1 of 2020 on the file of the Judicial Magistrate-II, Erode. While granting anticipatory bail, this Court has directed the petitioners jointly to deposit a sum of Rs.3,50,000/- to the credit of Crime No.1 of 2020 pending before the Judicial Magistrate-II, Erode.

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In compliance of the conditional order dated 27.01.2020, it appears that the petitioners have deposited a sum of Rs.3,50,000/- to the credit of Crime No.1 of 2020 on 13.02.2020. Further, it is now

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https://hcservices.ecourts.gov.in/hcservices/

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stated that the respondent police after enquiry, dropped action in the said crime No.1 of 2020 and the action dropped report dated 17.02.2021 had already been submitted before the Judicial MagistrateII, Erode along with referred charge sheet. The counsel for the petitioners submits that the Judicial Magistrate-II has received the action dropped report dated 09.09.2021.

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In the light of the above facts, there is nothing survives in the Crime No.1 of 2020 and the money deposited shall be returned to the petitioners herein.

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4.Taking note of the facts stated above and request of the petitioners to withdraw money deposited, this Court hereby direct the petitioners to approach the Trial Court i.e., Judicial Magistrate Court-II, Erode, where the money deposited by them is laying and file a petition for withdrawal, on receipt of such petition, the learned Judge after verifying the facts and documents and causing Notice to the defacto complainant shall return the money deposited to the petitioners, if there is no objection from the defacto complainant and no protest petition is filed as against the referred charge sheet.

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With the above directions, this Criminal Miscellaneous petition is disposed of.

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-sd/-

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30/03/2022

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This order, on being produced, be punctually observed and carried into execution by all concerned

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TRUE COPY

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Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

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1 THE JUDICIAL MAGISTRATE, NO.II, ERODE.

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2 THE CHIEF JUDICIAL MAGISTRATE ERODE. [FOR INFORMATION]

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

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https://hcservices.ecourts.gov.in/hcservices/

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4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

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+1 C.C. to M/S N.MANOHARAN Advocate on payment of necessary charges SR.NO. 4847 Order in CRL MP.3933/2022 in CRL OP.1399/2020 Date :30/03/2022

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From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format

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RW 05/04/2022

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https://hcservices.ecourts.gov.in/hcservices/

K.Muthusamy v. the State Rep by

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K.Muthusamy v. the State Rep by

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