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2023 Supreme(Online)(Mad) 102123
MADRAS HIGH COURT
U.RAJATHI – Appellant
Versus
STATE REP BY – Respondent
CRL OP/27407/2022
A person who has deposited a document as surety for bail is entitled to the return of the document after the case is quashed.
Headnote:
RETURN OF DOCUMENTS - SURETY - [KEYWORD] - The court directed the Special Metropolitan Magistrate Court to consider the petitioner's request for the return of her original title deed, which she had deposited as surety for her husband's bail, after the case was quashed.
Fact of the Case:
The petitioner had deposited her original title deed as surety for her husband's bail in a criminal case. After the case was quashed, the petitioner filed a petition to the High Court seeking the return of her document.
Finding of the Court:
The court noted that the petitioner had not filed a petition before the Special Metropolitan Magistrate Court for the return of the document and directed her to do so.
Issues: Whether the petitioner was entitled to the return of her original title deed, which she had deposited as surety for her husband's bail, after the case was quashed.
Ratio Decidendi: The court held that the petitioner was entitled to the return of her document and directed the Special Metropolitan Magistrate Court to consider her petition and pass orders on merits in accordance with law.
Final Decision: The court disposed of the petition with directions to the Special Metropolitan Magistrate Court to consider the petitioner's petition for the return of her document and pass orders on merits within two weeks from the date of filing.
Crl.OP.No.27407 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.01.2023
CORAM
THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN
Crl.O.P.No.27407 of 2022
U.Rajathi
... Petitioner
Vs.
The State represented by
The Inspector of Police,
CCB Team – XXV, Egmore,
Chennai – 600 008.
(Crime No.417 of 2010)
... Respondent
PRAYER
: This Criminal Original Petition filed under Section 482 of Cr.P.C., to
direct the Special Metropolitan Magistrate Court, (Land Grabbing Cases-I),
Periamet, Chennai to return back the petitioner's original Titile Deed in Document
No.3446 of 1999, dated 09.09.1999 which was deposited for surety stood for the
petitioner's husband U.Udayakumar to the petitioner's husband U.Udayakumar.
For Petitioner : Mr.C.Prakasam
For Respondent : Mr.S.Santhosh
Government Advocate (Criminal Side)
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Crl.OP.No.27407 of 2022
O R D E R
This Criminal Original Petition is filed for directing the Special
Metropolitan Magistrate Court, (Land Grabbing Cases-I), Periamet, Chennai to
return back the petitioner's original Titile Deed in Document No.3446 of 1999,
dated 09.09.1999, which was deposited when the petitioner stood as surity for the
petitioner's husband U.Udayakumar.
2. The learned counsel for the petitioner submitted that the petitioner's
original Document No.3446 of 1999 dated 09.09.1999 is lying before the Special
Metropolitan Magistrate Court, (Land Grabbing Cases-I), Periamet, Chennai. This
document was produced by the petitioner before the Court, while she stood as a
surety for her husband namely U.Udayakumar for bail in C.C.No.41 of 2013. This
case was quashed by this Court on 05.08.2022. Therefore, the present petition is
filed for returning the aforesaid document of the petitioner.
3. On enquiry, the learned counsel for the petitioner submitted that
petitioner has not moved any petition before the learned Special Metropolitan
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Crl.OP.No.27407 of 2022
Magistrate Court, (Land Grabbing Cases-I), Periamet, Chennai for return of the
documents. It is further submitted that petitioner is ill and she is unable to move.
In that case, the petitioner may give some power of attorney to her husband or
some one she can trust and file an appropriate petition before the Special
Metropolitan Magistrate Court, (Land Grabbing Cases-I), Periamet, Chennai for
return of documents. On such filing of the petition, the Special Metropolitan
Magistrate Court, (Land Grabbing Cases-I), Periamet, Chennai is directed to
consider the petition and pass orders on merits in accordance with law, within a
period of two weeks from the date of filing the petition.
4. Accordingly, this Criminal Original Petition is disposed of, with the
aforesaid directions.
05.01.2023
Internet : Yes / No
Index : Yes / No
Speaking/Non speaking order
gd
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Crl.OP.No.27407 of 2022
G.CHANDRASEKHARAN,J.
gd
To
1.The Special Metropolitan Magistrate Court,
(Land Grabbing Cases-I), Periamet, Chennai
2.The Inspector of Police,
CCB Team – XXV, Egmore,
Chennai – 600 008.
3.The Public Prosecutor,
Madras High Court.
Crl.O.P.No.27407 of 2022
05.01.2023
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