Madras High Court
Dr.Anbumani Ramadoss vs State By on 9 August, 2016
Author: P.N.Prakash
Bench: P.N.Prakash
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.08.2016 CORAM THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.17227 of 2016 Dr.Anbumani Ramadoss .. Petitioner Vs State by Inspector of Police, Ulundurpet Police Station, Villupuram District. (Crime No.366 of 2013) .. Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C. to issue suitable direction to learned Judicial Magistrate No.I, Ulundurpet to refund the deposit amount of Rs.2,00,000/- concerned in Crime No.366 of 2013 on the file of the respondent Police. For Petitioner : Mr.K.Balu For Respondent : Mr.C.Emalias, Additional Public Prosecutor ORDER
This Criminal Original Petition has been filed seeking a direction to the learned Judicial Magistrate No.I, Ulundurpet to refund the deposit amount of Rs.2,00,000/- in connection with Crime No. 366 of 2013 on the file of the respondent-Police.
2. Heard Mr.K.Balu, learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.
3. The respondent-Police registered a case in Crime No.366 of 2013, and after completing the investigation, filed a final report in PRC.No.15 of 2014 for the offences under Section 147, 294(b), 323, 447, 506(i) IPC and Section 3 of TNPPDL Act r/w Section 149 IPC against seven accused including the petitioner herein. During investigation, the petitioner filed Crl.OP.No.20589 of 2013 before this Court for anticipatory bail and this Court by an order dated 10.08.2013, granted relief on the following conditions :
8. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of his arrest or on his appearance before the Magistrate concerned on the following conditions :-
i.The petitioner is directed to deposit a sum of Rs.2 lakhs (Rupees Two Lakhs Only) to the credit of Crime No.366 of 2013 before the learned Judicial Magistrate, Ulundurpet, Villupuram District.
ii.The petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Ulundurpet, Villupuram District or to the police officer who is intending to arrest him without a period of two weeks.
iii.The petitioner shall report before the respondent police at 10.30 a.m. for two days immediately after execution of the bond and thereafter as and when required for interrogation.
4. It is stated that the petitioner has complied with the aforesaid conditions and has deposited a sum of Rs.2,00,000/- as directed by this Court. The petitioner filed Crl.OP.No.2880 of 2015 for quashing the prosecution in PRC.No.15 of 2014 in Crime No.366 of 2013 as against the petitioner alone and the same was allowed and the prosecution was quashed. A further appeal to the Supreme Court by the State has also been dismissed.
5. Under such circumstances, the petitioner has come up with this petition for a direction to the Judicial Magistrate No.I, Ulundurpet, to refund the sum of Rs.2,00,000/-, that was deposited in compliance with the condition imposed by this Court in Crl.OP.No.20589 of 2013.
6. The learned Additional Public Prosecutor submitted that the prosecution against the petitioner was quashed, and further appeal to the Supreme Court was also dismissed.
In view of the above, this petition is allowed and the Judicial Magistrate No.I, Ulundurpet, is directed to refund the same to the petitioner as and when he makes an application.
09.08.2016 ds To
1.The Judicial Magistrate No.I Ulundurpet, Villupuram District.
2.The Inspector of Police, Ulundurpet Police Station, Villupuram District.
3.The Public Prosecutor High Court, Chennai.
P.N.PRAKASH,J ds Crl.OP No.17227 of 2016 09.08.2016