1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:14.06.2011 CORAM THE HONOURABLE MR. JUSTICE R.S.RAMANATHAN Crl.OP(MD)NOs.5459 and 5460 of 2011 U.Murugesan :Petitioner in both Crl.O.Ps. -Vs- The State Rep. By The Inspector of Police, District Crime Branch, Tirunelveli District. (Crime Nos.13 & 21 of 2005) :Respondent in both Crl.O.Ps. Prayer in Crl.OP(MD)No.5459 of 2011:Criminal Original Petition filed under 482 of Code of Criminal Procedure, to direct the learned Judicial Magistrate No.I, Tirunelveli to return the amount a sum of Rs.50,000/- which was deposited by the petitioner on the strength of this Honourable Court order made in Crl.OP(MD)No.1550 of 2006 dated 22.02.2006. Prayer in Crl.OP(MD)No.5460 of 2011:Criminal Original Petition filed under 482 of Code of Criminal Procedure to direct the learned Judicial Magistrate No.I, Tirunelveli to return the amount a sum of Rs.50,000/- which was deposited by the petitioner on the strength of this Honourable Court order made in Crl.OP(MD)No.1556 of 2006 dated 22.02.2006. For Petitioner : Mr.M.Veilkani Raju in both Crl.O.Ps. For Respondents : Mr.P.Kannithevan in both Crl.O.Ps. Govt. Advocate (Crl. Side) COMMON ORDER These applications are filed seeking for a direction, directing the learned Judicial Magistrate No.I, Tirunelveli, to return the amount a sum of Rs.50,000/- each, which were deposited by the petitioner as per the orders passed in Crl.O.P. (MD)Nos.1550 and 1556 of 2006 dated 22.02.2006. 2.The learned counsel for the petitioner, in both criminal original petitions, submitted that as per the orders passed by this Court in Crl.O.P.(MD)NOs.1550 and 1556 of 2006, the petitioner has deposited a sum of Rs.50,000/- in each case. 3.Thereafter, in respect of Crime No.13 of 2005, charge sheet was filed against the petitioner in C.C.No.276 of 2006 on the file of the learned Judicial Magistrate No.I, Tirunelveli and the petitioner has filed an application in Crl.O.P.(MD) NO.14509 of 2010, to quash the charge sheet against him. During the trial, the petitioner and the defacto complainant entered into compromise and also filed an affidavit before this Court and this Court was pleased to quash the proceeding in https://hcservices.ecourts.gov.in/hcservices/ 2 C.C.Nos.276 of 2006 by order dated 24.02.2011 made in Crl.O.P. (MD)NOs.14509 of 2010. 4.Similarly, in respect of Crime No.21 of 2005, charge sheet was laid against the petitioner in C.C.No.279 of 2006 on the file of the learned Judicial Magistrate No.I, Tirunelveli, and an application was filed by the petitioner in Crl.O.P.(MD) NO.12435 of 2010, to quash the charge sheet against him. During the trial, the petitioner and the defacto complainant entered into compromise and also filed an affidavit before this Court and this Court was pleased to quash the proceeding in C.C.No.279 of 2006 by order dated 16.03.2011, made in Crl.O.P.(MD)NO.12435 of 2010. 5.As the petitioner deposited the amount as per the direction of this Court in respect of two crime numbers stated above and the charge sheets filed against the petitioner were quashed, the petitioner is entitled to get refund of the said amount. Hence, these petitions are disposed of by directing the petitioner to file petitions, for refund of the amount before the learned Judicial Magistrate No.I, Tirunelveli, which were deposited before him, and on such applications being filed, the learned Judicial Magistrate No.I, Tirunelveli, can pass orders to refund the amount to the petitioner. 6.In view of the above observation, these petitions are disposed of. Sd/- Deputy Registrar (Accounts) / TRUE COPY / Assistant Registrar To: 1.The Judicial Magistrate No:I, Tirunelveli. 2.The Inspector of Police, District Crime Branch, Tirunelveli District. 3.The Additional Public Prosecutor, Madurai Bench of the Madras High Court, Madurai. +2CC to Mr.M.Veilkani Raju, Advocate. SR.Nos.18397 & 18396. vsm RP/05.07.2011/2P/6C. Crl.O.P.(MD).NOs.5459 and 5460 of 2011 14.06.2011 https://hcservices.ecourts.gov.in/hcservices/