Tamilarasan Vs State rep. by The Inspector of Police

This petition is filed by the accused no.1 in C.C.No.15 of 2012, on the file of the learned Judicial Magistrate No.II, Sivagangai to direct the

learned Judicial Magistrate, Karaikudi, to return a sum of Rs.1,00,000/-, which was deposited by him on 28.08.2008, as per the order of this

Court made in Crl.O.P(MD).No.6205 of 2008, dated 13.08.2008.

The learned counsel appearing for the petitioner submitted that the petitioner has filed anticipatory bail petition in Crl.O.P(MD).No.6205 of

2008 before this Court and in that petition, this Court has granted anticipatory bail to the petitioner on 28.08.2008, subject to the condition that the

petitioner shall deposit a sum of Rs.1,00,000/-, before the learned Judicial Magistrate, Karaikudi. He further submitted that subsequently, the case

was transferred to learned Judicial Magistrate No.II, Sivagangai and numbered as C.C.No.15 of 2012 and the same has been disposed of on

08.02.2016. He further submitted that the learned Judicial Magistrate No.II, Sivagangai has acquitted the petitioner herein. Hence, the petitioner is

entitled to get back the amount which was deposited by him before the learned Judicial Magistrate, Karaikudi. Accordingly, he has filed a petition

before the learned Judicial Magistrate, Karaikudi, for refund of the amount, but, the learned Judicial Magistrate, Karaikudi, has dismissed the said

petition by saying that the petitioner has to get an order only from this Court. Hence, the petitioner has filed the present petition.

The learned Government Advocate (Crl. Side) appearing for the respondent fairly conceded that the case in C.C.No.15 of 2012 ended in

acquittal and no appeal has been filed against the said order of acquittal. He has also submitted that the Government has no proposal to file any

appeal and he has no objection for passing order to refund the said amount.

The learned Judicial Magistrate, Karaikudi, ought to have sent the amount to the learned Judicial Magistrate No.II, Sivagangai, when the case

was transferred to that Court, but, it appears that the said amount has not been transferred. Therefore, the learned Judicial Magistrate, Karaikudi,

is directed to return the amount i.e a sum of Rs.1,00,000/-, to the petitioner which was deposited by him, as per the direction of this Court made in

Crl.O.P(MD).No.6205 of 2017, dated 30.07.2008.

In the result, the Criminal Original Petition is allowed.