IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 Crl.MC.No. 135 of 2011() ---------------------------------- (C.C.NO.128/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-VI, KOZHIKODE) ----------------------------- PETITIONER(S): ACCUSED --------------------------------------- M.RADHAKRISHNAN, S/O.MANI, AGED 51 YEARS, SEETHA NIVAS, THENGAKOOTTIL, KASABA AMSOM, KOZHIKODE. BY ADVS. SRI.M.RAMESH CHANDER SRI. ANEESH JOSEPH RESPONDENT(S): STATE ------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 31. BY PUBLIC PROSECUTOR SRI.K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.135 of 2011 --------------------------------------- Dated this 28th day of January, 2011 ORDER Petitioner is accused in C.C.No.128 of 2010 of the court of learned Judicial First Class Magistrate-VI, Kozhikode facing trial for offences punishable under Secs.17, 18A(6A) of the Kerala Money Lenders Act (for short, "the Act”). Prosecution case is that on 16.07.2009 petitioner was found in possession of records of money lending business without proper licence. The offence is said to be detected by the Sales Tax Intelligence Officer and Assistant Commissioner of Police on a combined raid. Prayer in this petition is to permit petitioner to compound the said offences. I have heard learned counsel for petitioner and the learned Public Prosecutor. 2. It is not disputed before me that offences charged against petitioner are compoundable as provided under Sec.18(E) of the Act before the appropriate authority as provided under law. Composition is by accepting from the person who has committed or is reasonably suspected of having committed the offence under the Act by way of composition of such offences a sum of money referred to therein. Thus, offences attributed to Crl.M.C.No.135 of 2011 -: 2 :- the petitioner are compoundable. There is no reason why petitioner should not be granted permission to compound the offences. Resultantly this petition is disposed of permitting petitioner to compound the offences attributed to him. Petitioner shall move appropriate motion before the concerned authority. In case the offence is compounded by the appropriate authority as provided under law, such authority shall forward to the learned Judicial First Class Magistrate-VI, Kozhikode the order of composition who shall thereon pass appropriate order as provided under law. The proceedings in C.C.No.128 of 2010 of learned Judicial First Class Magistrate-VI, Kozhikode will stand in abeyance for a period of one month from this day or till the appropriate authority forwards the decision on the motion for composition of the offences, whichever is earlier. (THOMAS P JOSEPH, JUDGE) Sbna/-