IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 Crl.MC.No. 1573 of 2011() ------------------------------------ CMP.855/2011 of CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE CRIME NO.61/2011 OF KASABA POLICE STATION. .................... PETITIONER/PETITIONER -------------------------------------- A. NAHAS, AGED 48 YEARS, S/O.ABDUL SALAM, CHAIRMAN, SCIENCE OF NATIONAL INTEGRATION, CALICUT-02, RESIDING AT FATHIMALAYAM, CHERUVAKKADPARAMBATH, PARAMBIL P.O., PARAMBIL BAZAR, KOZHIKODE. BY ADV. SRI.K.M.FIROZ, SMT.M.SHAJNA. RESPONDENT/RESPONDENT ------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, KASABA POLICE STATION, KOZHIKODE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.K.J. MOHAMED ANZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 1573 of 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1: COPY OF THE REGISTERED DEED NO.256/2006 OF SRO, KUNNAMKULAM. ANNEXURE A2: COPY OF THE PAN CARD OF THE PETITIONER'S TRUST ISSUED BY THE INCOME TAX DEPARTMENT. ANNEXURE A3: COPY OF THE BROCHURE OF THE DIRECT MARKETING ACTIVITY OF THE PETITIONER'S TRUST. ANNEXURE A4: COPY OF THE F.I.R. IN CRIME NO.47/2011 OF TIRUR POLICE STATION. ANNEXURE A5: COPY OF THE F.I.R. IN CRIME NO.61/2011 OF KASABA POLICE STATION. ANNEXURE A6: COPY OF THE C.M.P. NO.855/2011 FILED BY PETITIONER BEFORE THE CHIEF JUDICIAL MAGISTRATE, KOZHIKODE. ANNEXURE A7: COPY OF THE ORDER DATED 10/05/2011 IN C.M.P. NO.855/2011 OF THE CHIEF JUDICIAL MAGISTRATE, KOZHIKODE. RESPONDENTS ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE rs THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1573 of 2011 -------------------------------------- Dated this the 10th day of June, 2011. ORDER Petitioner is accused in Crime No.61 of 2011 of Kasba Police Station and C.M.P.No.855 of 2011 of the court of learned Chief Judicial Magistrate, Kozhikode for offences punishable under Section 420 of the Indian Penal Code, Section 17 of the Money Lenders Act, 1958 and Section 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978. The bank account of petitioner was freezed by the Police as per direction of learned Chief Judicial Magistrate. Petitioner filed C.M.P.No.855 of 2011 to lift the ban. That petition was dismissed by the learned Chief Judicial Magistrate as per Annexure-A7, order observing that investigation is in progress, it is not yet completed and that at this stage if petition is allowed it may amount to endorsing the illegal activities carried on by petitioner. That order is under challenge in this proceeding. Learned counsel submits that apart from the defacto complainant who claims to have deposited `.14,700/- with the petitioner, no other person has made any complaint against petitioner. It is also submitted by the learned counsel that on account of freezing of bank accounts petitioner is not able to do business. Learned counsel submits that petitioner is prepared to offer sufficient security. Learned Public prosecutor submitted that petitioner had joined in his scheme about 40 persons. 2. It is not clear from what is submitted before me whether any other person is (allegedly) cheated. If allegation of cheating is made only by the defacto complainant and the amount he has deposited with petitioner is only Crl.MC No.1573/2011 2 `.14,700/-, I think that is a matter which learned Chief Judicial Magistrate has to take into account while considering request of petitioner. If on the other hand, there are other aggrieved persons also, that also may have to be taken into account by the learned Chief Judicial Magistrate notwithstanding that complaint is preferred only by the defacto complainant. It is open to the learned Chief Judicial Magistrate to direct speedy investigation of the case and in case the investigation is completed consider whether the petitioner could be permitted to operate the bank accounts on his furnishing bank guarantee for the amount as security. 3. In the light of what I have stated above, I am inclined to interfere with the order under challenge and remit C.M.P.No.855 of 2011 to the court of learned Chief Judicial Magistrate, Kozhikode for fresh consideration. Resultantly this Criminal Miscellaneous Case is allowed. Order dated 10.05.2011 on C.M.P.No.855 of 2011 is set aside and that petition is remitted to the court of learned Chief Judicial Magistrate, Kozhikode for fresh decision in the light of the observation I have made above and other relevant aspects. THOMAS P.JOSEPH, Judge. cks