Allowed

G.Jothivel (Deceased) v. State Represented by I.O.P

Madras HC10 Dec 2024CRL MP/14317/2024

Case brief

AI extract

What is this about?

In this criminal miscellaneous petition, the High Court of Madras was asked to allow withdrawal of a deposited bond amount. The petitioners, representing deceased appellants, sought to withdraw the sum deposited in lieu of a bond bond that was enforced after suspension of sentence. The court held that with the appellants' death, the money could be returned.

What did the court decide?

Permission to withdraw the sum of Rs.2,00,000/- deposited as a bond before the trial court was granted.

G.Jothivel (Deceased) Vs State Represented by I.O.P — Madras HC (2024) — LawSathi Research

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Crl.M.P.No.14317 of 2024 in Crl.A.No.242 of 2018

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Crl.M.P.No.14317 of 2024 in Crl.A.No.242 of 2018

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M. NIRMAL KUMAR , J.

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Today, the matter is listed under the caption “For Being Mentioned”.

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2.It is submitted that in the order dated 10.12.2024, the first

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petitioner's name has been wrongly mentioned as 'Nanaki' instead of 'Janaki'.

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3.The Registry is directed to carry out the correction and issue fresh

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copy of the order dated 10.12.2024.

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The issue is clarified, accordingly.

29.04.2025

rsi

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

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Crl.M.P.No.14317 of 2024 in Crl.A.No.242 of 2018

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M. NIRMAL KUMAR, J.

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rsi

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Crl.M.P.No.14317 of 2024 in Crl.A.No.242 of 2018

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29.04.2025

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2/6

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

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Crl.M.P.No.14317 of 2024 in Crl.A.No.242 of 2018

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 10.12.2024

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CORAM

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MR.JUSTICE N.SESHASAYEE

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CRL.M.P.No.14317 of 2024 in Crl.A.No.242 of 2018

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G.Jothivel (deceased)

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1.Nanaki

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2.Senthilkumar

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3.Balachander ... petitioners

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Vs.

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State Represented by I.O.P Vigilance and Anti-Corruption, CC-I Unit Namakkal (Crime No.16/AC/2005/SL) ... Respondent

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Prayer: This miscellaneous petition is filed to permit the petitioners to withdraw the sum of Rs.2,00,000/- deposited to the credit of Spl.C.C.No.58 of 2008, on the file of the Special Judge / Chief Judicial Magistrate, Namakkal in Crl.A.No.242 of 2018, order dated 29.01.2024

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For Petitioners : Mr.C.Prabakaran For Respondent : Mr.K.M.D.Muhilan Government Advocate (Crl. Side)

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

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ORDER

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Crl.M.P.No.14317 of 2024 in Crl.A.No.242 of 2018

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The appeal is directed by the one who was convicted for offence U/s.167 (2 counts), 467, 468. 420 r/w 511 (2 counts), 477(A) of I.P.C. and Section 7 of the Prevention of Corruption Act, 1988. Along with the appeal, the petitioner moved necessary application for suspension of his sentence imposed by the learned Special Judge / Judicial Magistrate, Namakkal in Spl.C.C.No.58 of 2008 vide judgment and order dated 20.03.2018. This Court allowed the same and directed the petitioner to inter alia execute a bond of Rs.2,00,000/-

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. Instead of executing a bond, the appellant had deposited Rs.2,00,000/before the trial Court.

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2.Be that as it may, the appellant has passed away and the case has abated. It is in these circumstances, the legal representatives of the appellant had now moved this Court for withdrawal of the bond amount of Rs.2,00,000/- which the appellant had deposited before the trial Court.

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3.Heard both sides. The learned prosecutor submitted on instruction that the appellant had passed away and the money had also been deposited before the

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

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Crl.M.P.No.14317 of 2024 in Crl.A.No.242 of 2018

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trial Court.

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4.In view of the fact that the appellant has passed away, the purpose for which the money was deposited has served its purpose. It is now time the deposited money is returned to the heirs of the appellant.

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5.This miscellaneous petition stands allowed. The petitioner is now free to withdraw the said sum of Rs.2,00,000/- from the trial Court on the strength of this order.

10.12.2024

kas

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

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Crl.M.P.No.14317 of 2024 in Crl.A.No.242 of 2018

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N.SESHASAYEE, J.

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kas

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CRL.M.P.No.14317 of 2024 in Crl.A.No.242 of 2018

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10.12.2024

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

G.Jothivel (Deceased) v. State Represented by I.O.P

Case brief

What is this about?

What did the court decide?

G.Jothivel (Deceased) v. State Represented by I.O.P

Case brief

What is this about?

What did the court decide?

What the court decided

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