This court allowed a criminal miscellaneous petition filed by an accused person to refund security money deposited for bail. The petitioner was acquitted after the trial, and the court directed the judicial magistrate to refund the amount.
Refund of Rs.2 lakhs deposited as bail security to be directed to the petitioner by the judicial magistrate.
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Crl.M.P.No.3801 of 2023
Crl.M.P.No.3801 of 2023 in Crl.O.P.No.21473 of 2015
A.D.JAGADISH CHANDIRA, J.
This Criminal Miscellaneous Petition has been filed seeking a direction to the learned Judicial Magistrate No.5, Salem, to refund the amount of Rs.2 lakhs which was deposited by the petitioner on 18.03.2016 vide Receipt No.512140 to the credit of Crime No.22 of 2015 at the time of executing the bail bond as per order of this Court in Crl.O.P.No.21473 of 2015 dated 27.08.2015.
Court while granting anticipatory bail to the petitioner in Crl.O.P.No.21473 of 2015, had directed him to deposit a sum of Rs.2 lakhs to the credit of crime number by order dated 27.08.2015. Accordingly, the petitioner deposited the said amount to the credit of Crime No.22 of 2015 before the learned Judicial Magistrate No.5, Salem. He would further submit that after filing of the final report, the
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Crl.M.P.No.3801 of 2023
case was taken on file in C.C.No.85 of 2016 on the file of the Judicial Magistrate No.5, Salem and after trial, the petitioner was acquitted under Section 248(1) of Cr.P.C. by order dated 31.10.2022. Subsequently, the petitioner filed a memo dated 20.12.2022 before the learned Judicial Magistrate No.5, Salem, seeking refund of the said amount. However, no action was taken to refund the amount of Rs.2 lakhs to the petitioner. Hence, the present petition has been filed before this Court.
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Crl.M.P.No.3801 of 2023
the learned counsel on either side, this Criminal Miscellaneous Petition is allowed.
08.06.2023
ksa-2
Note: Issued order copy on 13.06.2023
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Crl.M.P.No.3801 of 2023
A.D.JAGADISH CHANDIRA, J.,
ksa-2
Crl.M.P.No.3801 of 2023 in Crl.O.P.No.21473 of 2015
08.06.2023
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2 issues framed by the court
Whether the accused acquitted by the trial court is entitled to refund of the security money deposited for bail after the final report is filed and no appeal is preferred.
Whether the state has the right to retain the security money deposited for bail after the acquittal of the accused.
Petitioner
State
A.Jagadish Chandira
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
