Complainant in a job-scam cheating case sought interim custody of Rs.7,20,000/- recovered from arrested accused; trial court had dismissed his request. High Court set aside that order, allowed partial disbursement of Rs.1,00,000/- with bond and undertaking, and directed the balance to be kept in an interest-bearing bank deposit.
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W.P.(MD) No.14168 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 09.07.2024
CORAM
THE HONOURABLE MR. JUSTICE K.K.RAMAKRISHNAN
Crl.R.C.(MD).No.645 of 2024
Palaniselvam
... Petitioner
Vs.
State through Inspector of Police, Karaikudi North Police Station, Sivagangai District.
... Respondent
PRAYER: This Criminal Revision Case is filed under Sections 397 r/w
401 of the Criminal Procedure Code, to call for the entire records pertaining to the order passed by the learned Judicial Magistrate, Karaikudi in Cr.M.P.No.1272 of 2024 dated 30.04.2024 and set aside the
same and consequently direct the said learned Judicial Magistrate, Karaikudi to return interim custody of Rs.7,20,000/- to the petitioner.
For Petitioners : Mr.Mani Anandh For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side)
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W.P.(MD) No.14168 of 2024
ORDER
This petition has been filed to call for the entire records pertaining to the order passed by the learned Judicial Magistrate, Karaikudi in Cr.M.P.No.1272 of 2024 dated 30.04.2024 and set aside the same and consequently direct the said learned Judicial Magistrate, Karaikudi to return interim custody of Rs.7,20,000/- to the petitioner.
police conducted investigation and arrested the accused Nos.1 and 2 and
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W.P.(MD) No.14168 of 2024
recovered more than Rs.14,00,000/- and property documents and Share Market Investment Agreements of the accused persons and same were deposited in the Court. Thereafter, the petitioner filed a petition under Section 451 of Cr.P.C in Cr.M.P.No.3936 of 2023 seeking interim custody of his Rs.7,20,000/- and the same was dismissed on 11.09.2023.
Court seeking direction to the respondent police to file a final report in Crime No.389 of 2022 and the same was disposed of on 06.10.2023 by directing the respondent police to file a final report within two months.
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W.P.(MD) No.14168 of 2024
persons admitted that a sum of Rs.7,20,000/- was received from the petitioner.
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W.P.(MD) No.14168 of 2024
9.Accordingly this Criminal Revision Case stands allowed with the following directions:-
9.1.The order passed by the learned Judicial Magistrate, Karaikudi,
in Cr.M.P.No.1272 of 2024 dated 30.04.2024, is hereby set aside.
9.2.The learned Judicial Magistrate, Karaikudi, is hereby directed to disburse Rs.1,00,000/- to the petitioner.
9.3.The petitioner is directed to execute bond to the value of the
said amount with undertaking affidavit that in the event of the acquittal in the criminal case, he would redeposit the amount.
9.4.The Learned Judicial Magistrate, Karaikudi, is directed to
deposit the remaining recovered amount from the accused in any of the Nationalized bank in the interest bearing account.
09.07.2024
Index : Yes / No Internet : Yes / No tta
Page 5 of 7
W.P.(MD) No.14168 of 2024
To,
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W.P.(MD) No.14168 of 2024
K.K.RAMAKRISHNAN, J
tta
Crl.R.C(MD).No.645 of 2024
09.07.2024
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1 issue framed by the court
Whether interim custody of Rs.7,20,000/- recovered from accused should be returned to the complainant petitioner.
3 provisions across 2 enactments
Palaniselvam
State through Inspector of Police, Karaikudi North Police Station, Sivagangai District
K.K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
