IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 Crl.MC.No. 3004 of 2011() ------------------------- CC.234/2008 of JUDL.MAGISTRATE OF FIRST CLASS-III, KOTTAYAM .................... PETITIONER(S): 2ND ACCUSED -------------------------- THOMAS.J.MAPPILASSERY, AGED 79 YEARS, MAPPILASSERY HOUSE, EERAYILKADAVU, MUTTAMBALAM VILLAGE, KOTTAYAM. BY ADV. SRI.KISHOR B. RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ 1. GEEMOL JOSEPH, W/O.M.J.JOSEPH, PALATHINKAL HOUSE, KODIMATHA KARA/VILLAGE, KOTTAYAM-686 580. 2. P.J.MANI, AGED 44 YEARS, PALATHINKAL HOUSE POOVARANY VILLAGE, MEENACHIL VILLAGE-686 589. 3. RADHAKRISHNAN, AGED 50 YEARS, S/O.THANKAPPAN, THEKKEKKUTTU HOUSE, T.P.PURAM.P.O, VAZHOOR KARA, VAZHOOR VILLAGE-686 504. 4. SUB INSPECTOR OF POLICE, KOTTAYAM WEST POLICE STATION-676 003. 5. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADV.SMT.R.REMA, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3004 of 2011() APPENDIX PETITIONER'S EXHIBITS : ANNEXURE 1: TRUE COPY OF PRIVATE COMPLAINT. ANNEXURE 2: TRANSLATED COPY OF COMPLAINT. ANNEXURE 3: CERTIFIED COPY OF FIR. ANNEXURE 4: TRANSLATED COPY OF FIR. ANNEXURE 5: TRUE COPY OF LETTER DT:15-2-2008 FROM MANAGER, STATE BANK OF TRAVANCORE. ANNEXURE 6: CERTIFICATE COPY OF FINAL REPORT. ANNEXURE 7: TRANSLATED COPY OF FINAL REPORT. ANNEXURE 8: TRUE COPY OF PLAINT FILED BY FIRST RESPONDENT. ANNEXURE 9: TRUE COPY OF WRITTEN STATEMENT FILED BY 2ND AND 3RD RESPONDENTS. ANNEXURE 10:TRUE COPY OF ORDER IN CMP.4775/09 OF JFCM II, KOTTAYAM. ANNEXURE 11:TRUE COPY OF COVER DOCKET ON DOC NO.1335/1973. RESPONDANTS'S EXHIBITS : NIL //TRUE COPY// P.A.TO JUDGE ami/ N.K.BALAKRISHNAN, J. ------------------------------- Cr.M.C.No.3004 of 2011 ------------------------------- Dated this the 21st day of October, 2011. O R D E R The petitioner is the 2nd accused. The gist of the complaint filed against him and others is that, the original title deed of the property was with the second accused as he was the counsel handling the case filed by the bank. Learned counsel for the petitioner submits that the original title deed was with the bank and that title deed must have gone out or handed over by the Manager of the bank and it was never handed over by the petitioner to anybody else. The learned counsel for the petitioner submits that the petitioner has been unnecessarily implicated in this case as an accused. But the learned Public Prosecutor submits that, what has been revealed in the investigation and as can be seen from Annexure 5 letter is that, the bank had handed over the documents originally to one Adv.K.P.Kurian and thereafter the case was handled by the petitioner herein, as 2 Cr.M.C.No.3004 of 2011 the advocate appearing for the bank and the original title deeds and other original documents were with the petitioner only but he handed over those title deeds to the second respondent-P.J.Mani and as such according to the prosecution, this petitioner is also a party to the conspiracy, cheating etc. The allegation made by the bank Manager may be correct or may not be correct but from whose custody the original deed had gone out is a relevant issue for consideration by the learned Magistrate. Prosecution contends that the petitioner (A2) was responsible for the same, but the petitioner contends that it was the Manager of the Bank who was responsible. It is stated that the charge has not been framed so far. Therefore, it is open to the petitioner to apply to the learned Magistrate for an order of discharge. If charge has not been framed so far, the learned Magistrate can go through the entire records and find that whether the prosecution against the petitioner is groundless or whether the trial should be proceeded against him also. For a proper trial to be conducted, if the 3 Cr.M.C.No.3004 of 2011 court finds that the petitioner should also be proceeded against, the Magistrate is at liberty to pass appropriate orders. This petition is disposed of accordingly. N.K.BALAKRISHNAN Judge. ami/