IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 Crl.MC.No. 898 of 2006() ------------------------ CC.230/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT -I, ALAPPUZHA .................... PETITIONER(S): ACCUSED 1 AND 5 ------------------------------ 1. M/S.INTEGRATED FINANCE CO.LTD., “VAIRAMS", 112, THYAGARAYA ROAD, T.NAGAR, CHENNAI-600 017. 2. K.J.SAMUEL, NACHUNGAL BUILDING, NORTH OF IRON BRIDGE, ALAPPUZHA. BY SRI.JOSEPH KODIANTHARA, SENIOR ADVOCATE ADV. SRI.MATHEWS K.UTHUPPACHAN ADV. SRI.M.RAMESH CHANDER RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. KUNJAMMA GEORGE, W/O.T.V.GEORGE, THUNDATHIL HOUSE, AVALUKUNNU P.O., ALAPPUZHA. R1 BY PUBLIC PROSECUTOR SRI.B. JAYASURYA R2 BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE ADV. SMT.P.MAYA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl. M.C 898/2006 -2- APPENDIX PETITIONER'S EXHIBITS ANNEXURE-A - TRUE COPY OF THE COMPLAINT CC No.62/2006 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ALAPPUZHA. ANNEXURE-B - TRUE COPY OF THE AFFIDAVIT IN SUPPORT OF JUDGES SUMMONS CONTAINING THE SCHEME PREPARED BY THE COMPANY AND SUBMITTED BEFORE THE HIGH COURT OF MADRAS DATED 21-06-2005. ANNEXURE-C - TRUE COPY OF THE PROCEEDINGS DATED 12-08-2005 OF THE CHAIRMAN OF THE MEETING OF THE DEPOSIT HOLDERS APPOINTED BY THE HIGH COURT OF MADRAS. ANNEXURE-D - TRUE COPY OF THE COMPLAINT IN O.P. No.23/2006 DATED 25-01-2006 FILED BY THE 2ND RESPONDENT. RESPONDENTS EXHIBITS NIL TRUE COPY P.A. TO JUDGE AMG B.P. RAY, J. ------------------------------------------------- Crl. M.C No. 898 OF 2006 ------------------------------------------------- DATED THIS THE 12th DAY OF AUGUST, 2011 O R D E R Heard Learned Counsel for the petitioners and the learned Public Prosecutor. 2. Petitioners are accused No.1 to 5 in C.C No.230/2006 on the file of Judicial First Class Magistrate Court-I, Alappuzha for an offence punishable under Section 409 of IPC. Petitioners pray for a direction to quash Annexure-A complaint. 3. I am not inclined to quash Annexure-A complaint at this stage. It is open to the petitioners to plead discharge before the trial court at appropriate stage raising all relevant points. I have not expressed any opinion on the merits of the case. 4. The learned counsel for the petitioners states that the petitioners apprehend arrest and now they are ready and willing to surrender before the trial court. If the petitioners surrender on or before 20-09-2011 and apply for bail, the learned Magistrate shall release them on bail on such terms and conditions as he deems fit. 5. After being released on bail, if the petitioners file an Crl. M.C No.898/2006 -2- application under Section 205 Cr.P.C. for dispensing their personal appearance, the learned Magistrate shall do well to dispense with their personal appearance on such terms and conditions he deems fit. Crl.M.C is disposed of as above. Sd/- B.P. RAY, JUDGE. AMG True copy P.A to Judge