Madras High Court
N. Ramachanandra vs The Inspector Of Police on 27 July, 2017
Author: M.S.Ramesh
Bench: M.S.Ramesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27.07.2017 CORAM: THE HON'BLE MR.JUSTICE M.S.RAMESH Crl O.P.No.14121 of 2017 N. Ramachanandra .. Petitioner Vs The Inspector of Police, Central Crime Branch, Team- Vepery, Chennai 600 007 .. Respondent Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the Learned Judicial Magistrate, Alandur to return back the sum of Rs.2,00,000/- deposited by the petitioner as the security deposited for grant of bail in Cr. No.254/2016 on the file Inspector of Police, Duraipakkam Police Station. For petitioner : Mr. S. Balasubramaninan For Respondent : Mr.P. Govindarajan, Additional Public Prosecutor O R D E R
This Criminal Original Petition has been filed seeking a direction to the Learned Judicial Magistrate, Alandur, to return back the sum of Rs.2,00,000/- deposited by the petitioner as the security deposit for grant of bail in Cr.No.254/2016 on the file Inspector of Police, Duraipakkam Police Station.
2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent.
3. The learned counsel for the petitioner submitted that originally a case has been registered against the petitioner by the J-6 Duraipakkam Police Station and subsequently the investigation was transferred to the Central Crime Branch Police. He further submitted that while granting bail to the petitioner, the learned Judicial Magistrate, Alandur, imposed a condition to deposit Rs.2,00,000/- as cash security and the petitioner has also complied with the condition. The learned counsel for the petitioner further submitted that, pending investigation, 1st accused died in prison and thereafter there was no improvement in the case. Under these circumstances, the petitioner is praying for return of his security deposit of Rs.2,00,000/- .
4. In my view, when the investigation is pending, it not proper to return the security deposit amount which was imposed for grant of bail. Considering the delay in the investigation it would be appropriate to direct the respondent police to file a final report within a time frame.
5. Whenever any information in relation to commission of cognizable or non cognizable offence is received, the police officer shall adhere to the procedure contemplated under Sections 154 & 155 of the Criminal Procedure Code and after conducting necessary enquiry/investigation, file final report under Section 173 of Cr.P.C. Such investigation under Chapter XII of the Criminal Procedure Code shall be completed without any unnecessary delay. The delay in filing a final report in the present case is inordinate and unjustified. Hence, it would be appropriate to direct the Investigating Officer to file a final report within a stipulated time.
6. Considering the facts and circumstance of the case, this Court directs the respondent police to complete the investigation in Crime No.254 of 2016 pending on his file and file a final report within a period of four weeks from the date of receipt of a copy of this order. This Criminal Original Petition is disposed of accordingly.
27.07.2017 Index:Yes/No ggs M.S.RAMESH,J.
ggs Crl.O.P.No.14121 of 2017 27.07.2017