1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:23.11.2011 CORAM: THE HONOURABLE Mr.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.15128 and 15151 of 2011 U.Murugesan .. Petitioner in both petitions -Vs- The State rep. by The Inspector of Police, City Crime Branch, Tirunelveli crime No.21 of 2005 .. Respondent in WP.15128/11 The State Rep. by The Inspector of Police, District Crime Branch, Tirunelveli (Crime No.13/05) .. Respondent in WP.15151/11 Prayer : Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent, to direct the Judicial Magistrate No.1, Tirunelveli, to comply the order of this Court, made in Crl.O.P.(MD) No.5459 and 5460 of 2011 dated 14.06.2011, to return the amount a sum of Rs.50,000/- each which was deposited by the petitioner within stipulated period. For Petitioner : Mr.M.Veilkani Raju For Respondents : Mr.P.Kandasamy Govt. Advocate (Crl. Side) O R D E R These petitions have been filed to direct the Judicial Magistrate No.1, Tirunelveli, to comply the order of this Court, made in Crl.O.P. (MD) No.5459 and 5460 of 2011 dated 14.06.2011, to return the amount a sum of Rs.50,000/- each which was deposited by the petitioner within stipulated period. 2.Heard Mr.M.Veilkani Raju, the learned counsel appearing for the petitioner in both petitions and Mr.P.Kandasamy, learned Government Advocate (criminal side), appearing for the State. 3.According to the submissions of the learned counsel appearing for the petitioner, the petitioner has filed applications before the learned Judicial Magistrate No.1, Tirunelveli to refund the amount of Rs.50,000/- each, which were deposited by him before the said Court to the credit of crime No.13 of 2005 of the District Crime Branch, Tirunelveli District, while obtaining bail. He would further submit that subsequently, the matter was compromised in between the parties and the charge sheets filed against the petitioner were also quashed by this Court. He would also submit that this Court, in an earlier occasion, in Crl.O.P.(MD) Nos.5459 and 5460 of 2011, specifically directed the learned Judicial Magistrate No.1, Tirunelveli, to refund the said amount on filing applications by https://hcservices.ecourts.gov.in/hcservices/ 2 the petitioner. But, the applications filed by the petitioner were not ordered and are still kept pending. Since the same were not ordered as per the direction of this Court, it has become necessary for the petitioner to approach this Court once again to issue directions, reiterating the earlier orders of this Court. 4.The learned Government Advocate (criminal side) would submit that no doubt, the petitioner is entitled to get refund of the said amount deposited by him, in pursuance of the orders passed by this Court and therefore, suitable directions may be issued for complying the conditions already issued by this Court. 5.Considering the submissions made on either side, I could see that the earlier order of this Court dated 14.06.2011, has directed the learned Judicial Magistrate No.1, Tirunelveli in Crl.O.P.(MD) NO.5459 of 2011 on 14.06.2011 and the gist of the earlier orders, in paragraph No.5 is as follows: "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.1, Tirunelveli, which were deposited before him, and on such applications being filed, the learned Judicial Magistrate No.1, Tirunelveli, can pass orders to refund the amount to the petitioner. 6.In the above said paragraph, this Court had directed the learned Judicial Magistrate No.1, Tirunelveli, to pass orders on the application filed by the petitioner, directing the refund of the said amount deposited by him. According to the submissions of the learned Government Advocate (criminal side), the said applications are still pending without passing any orders." 7.In such circumstances, it has become necessary for this Court, to direct the learned Judicial Magistrate No.1, Tirunelveli, to comply with the orders passed by this Court already in Crl.O.P.(MD) Nos.5459 and 5460 of 2011 and to report compliance of the same within a period of 15 days from the date of receipt of a copy of this order. 8.With the aforesaid direction, these petitions are ordered. Sd/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Inspector of Police, City Crime Branch, Tirunelveli. 2. The Inspector of Police, District Crime Branch, Tirunelveli. 3.The Judicial Magistrate No.1, Tirunelveli. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +2CC TO MR.M.VEILKANI RAJU, ADVOCATE SR.41272, 41273 Arul SR : 25.11.2011 : 3p/7c : IT Crl.O.P.(MD)No15128 and 15151 of 2011 23.11.2011 https://hcservices.ecourts.gov.in/hcservices/