Madras High Court
Sivakumar vs State Through on 13 October, 2015
Author: R.Mala
Bench: R.Mala
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2015 CORAM THE HONOURABLE MS.JUSTICE R.MALA Criminal Original Petition(MD) No.18693 of 2015 Sivakumar : Petitioner Vs. State through 1.The Superintendent of Police, Ramanathapuram, Ramanathapuram District. 2.The Inspector of Police, Thangachimadam Police Station, Rameswaram, Ramanathapuram District. In Crime No.54 of 2001. : Respondents Prayer: Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure praying to direct the learned Judicial Magistrate, Rameswaram, to pass order for return the deposit amount of Rs.3,00,000/- in receipt No.24/2001, dated 06.08.2001 on the basis of High Court order in Crl.R.C.No.837 of 2010, dated 05.08.2014. !For Petitioner : Mr.M.Subash Babu ^For Respondents : Mr.P.Kannithevan Government Advocate(Crl. Side) :O R D E R
The petitioner has come forward with the present petition seeking for a direction, directing the learned Judicial Magistrate, Rameswaram, to pass an order for returning the deposit amount of Rs.3,00,000/- in receipt No.24/2001, dated 06.08.2001, on the basis of the order passed by this Court in Crl.R.C.No.837 of 2010, dated 05.08.2014.
2. Heard both sides.
3. The learned counsel for the petitioner would submit that the petitioner was arrayed as accused in Crime No.54 of 2001 on the file of Thangachimadam Police Station for the offences punishable under Sections 39(1), 44(1)(C) of Indian Electricity Act and Section 484 IPC. While enlarging the petitioner on anticipatory bail in Crl.O.P.No.13256 of 2001, this Court directed the petitioner to deposit a sum of Rs.3,00,000/- and pursuant to the direction issued by this Court, he had deposited the amount before the learned Judicial Magistrate, Rameswaram on 06.08.2001 in receipt No.24/2001. After due investigation, charge sheet has been laid, which was taken on file in C.C.No.1 of 2007, by the learned Principal Sessions Judge, Ramanathapuram and the said case ended in acquittal, against which, the Superintending Engineer, Ramanathapuram District, has preferred a revision in Crl.R.C.(MD)No.837 of 2010 before this Court, which was also dismissed. Now, the petitioner, who is the accused, has filed Cr.M.P.No...... of 2014 in C.C.No.1 of 2007 before the learned Judicial Magistrate, Rameswaram, seeking return of the amount deposited by him i.e., Rs.3,00,000/-, pursuant to the order of this Court, along with accrued interest, if any. In the said application, the respondent also filed a counter, but, without passing an order, the application was kept pending by the learned Magistrate. Hence, he has come forward with the present petition.
4. Considering the limited scope of the matter, the learned Judicial Magistrate, Rameswaram, is directed to dispose of Cr.M.P.No.............. of 2014 in C.C.No.1 of 2007, on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order.
5. The Criminal Original Petition is disposed of with the above direction.
To
1.The Judicial Magistrate, Rameswaram.
2.The Superintendent of Police, Ramanathapuram, Ramanathapuram District.
3.The Inspector of Police, Thangachimadam Police Station, Rameswaram, Ramanathapuram District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. .