IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-07-2025 CORAM THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR CRL MP No. 11161 of 2025 and CRL MP NO. 11167 OF 2025 in CRL OP NO. 32217 OF 2024 1. N. Esekkial S/o Natesan, No.23/7, Ramani Nagar, Lakshmi Puram, Kolathur, Chennai 600 099. Petitioner(s) Vs 1. A. Jeffri S/O.Arulnathan, Blok No.30, Door No.117, Jeevan Bhima Nagar, Anna Nagar Western Extn, Tiruvallur - 600 101. 2.The State Rep By, Inspector Of Police ccb-1, Chennai, (Crime No.190 Of 2024) Respondent(s) CRL MP No. 11167 of 2025 1. N. Esekkial S/o. Natesan, No.23/7, Ramani Nagar, 1/7 https://www.mhc.tn.gov.in/judis Lakshmipuram, Kolathur, Chennai 600099. Petitioner(s) Vs 1. Joy Lithiyala Alias Sasikala W/o Arulnathan, Block No.30, Door No.117, jeevan Bhima Nagar, Anna nagar West Extn, Tiruvallur. 2.The State rep by The Inspector of Police Ccb-1, Chennai (crime No. 190 Of 2024) Respondent(s) CRL OP No. 32217 of 2024 1. A.Jeffri Petitioner(s) Vs 1. The State Rep By, Inspector Of Police Ccb-1, Chennai, (crime No.190 Of 2024) Respondent(s) CRL MP No. 11161 of 2025 For Petitioner(s): A.Sathiya Prakash For Respondent(s): G.Baskaran Government Advocate (crl. Side) 2/7 https://www.mhc.tn.gov.in/judis ORDER The petitioner/defacto complainant had filed these petitions seeking to return of Rs.13,00,000/- which has been deposited by A1 & A4 in these cases. As per the order passed by this Court in Crl.O.P.No.32227 of 2024 and Crl.O.P.No.32217 of 2024 Al had deposited Rs.1,50,000/- in two installments in total Rs.3,00,000/- in Crime No.190 of 2024 and A4 had deposited a sum of Rs.5,00,000/- in two installments in total Rs.10,00,000/-. Now, a sum of Rs.13,00,000/- is lying in the credit of Crime No.190 of 2024. The defacto complainant had mortgaged his property and obtained a loan from M/s.India Shelter Private Limited vide Doc.No.9439 of 2023 dated 04.04.2022 and paying monthly EMI regularly, due to his health conditions and financial crisis, the petitioner is not able to pay the past three months, for which the said Finance Company, issued demand notice and initiated proceedings under SARFAESI Act. The defacto complainant to tide over the situation, seeks leave of this Court to withdraw the amount which is lying in the credit of Crime No.190 of 2024 subject to outcome of the investigation. 2. The learned counsel for the first respondent / A4 had filed his counter and submitted that the only apprehension is that the petitioner / 3/7 https://www.mhc.tn.gov.in/judis defacto complainant to ensure that an amount of Rs.13,00,000/- received by the petitioner to be re-deposited in the event of any such order is passed against him. 3. The learned Government Advocate (Crl.Side) submits that he has no objection for the defacto complainant to receive the amount, the only contentions that the petitioner should abide by the order of the Trial Court. If the defacto complainant had received the amount lying in the Crime No.190 of 2024 subject to giving an undertaking affidavit before the Trial Court and thereafter the Trial Court shall return the amount of Rs.13,00,000/- the defacto complainant, after getting an undertaking that amount of Rs.13,00,000/- would be re-deposited if such contingency arises as per order of the Trial Court. 4. These petitions are ordered. 29-07-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No jas 4/7 https://www.mhc.tn.gov.in/judis CRL MP No. 11161 of 2025 To 1.A. Jeffri S/O.Arulnathan, Blok No.30, Door No.117, Jeevan Bhima Nagar, Anna Nagar Western Extn, Tiruvallur - 600 101. 2.The State Rep By, Inspector Of Police ccb-1, Chennai, (Crime No.190 Of 2024) CRL MP No. 11167 of 2025 To 1.Joy Lithiyala Alias Sasikala W/o Arulnathan, Block No.30, Door No.117, jeevan Bhima Nagar, Anna nagar West Extn, Tiruvallur. 2.The State rep by The Inspector of Police Ccb-1, Chennai (crime No. 190 Of 2024) 5/7 https://www.mhc.tn.gov.in/judis CRL OP No. 32217 of 2024 To 1.The State Rep By, Inspector Of Police Ccb-1, Chennai, (crime No.190 Of 2024) 6/7 https://www.mhc.tn.gov.in/judis M.NIRMAL KUMAR J. jas CRL MP No. 11161 of 2025 AND CRL MP NO. 11167 OF 2025,CRL OP NO. 32217 OF 2024 29.07.2025 7/7 https://www.mhc.tn.gov.in/judis