IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 Crl.MC.No. 2627 of 2011(E) ------------------------------------- [CC.NO.741/2008 OF ADDL.CHIEF JUDICIAL MAGISTRATE COURT (E & O), ERNAKULAM] .................... PETITIONER/ACCUSED: ---------------------------------- DR. P.STANTLEY JONES, AGED 60 YEARS, S/O. JONES, SEILOW, DR. STANTLEY'S HOSPITAL, UTHIYANKULANGARA, AMARAVILA, THIRUVANANTHAPURAM. BY ADVS. SRI.R.T.PRADEEP, SRI.SREEKANTH S.NAIR. RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SMT. LALITHA NEIL, W/O.NEIL JOHNS, NEIL BHAVAN, PARUTHIPARA, MUTTADA P.O, THIRUVANANTHAPURAM, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER SRI. M.K.JOHN, PIN - 695 025. R1 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN, R2 BY ADVS. SRI.JOY THATTIL ITTOOP, SRI.A.G.ADITYA SHENOY. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO.2627/2011-E: APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE I: COPY OF THE COMPLAINT DTD. 29/10/2005 IN C.C. NO.741/08 OF ADDL. CHIEF JUDICIAL MAGISTRATE COURT (E.O), ERNAKULAM. ANNEXURE II: COPY OF THE JUDGMENT DTD. 04/08/2010 IN TR.P.(CRL.) NO.42/2010. ANNEXURE III: COPY OF THE PETITION DTD. 11/08/2010. RESPONDENTS' ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.2627 of 2011 ----------------------------------- Dated this the 15th day of December 2011 O R D E R As per the understanding between the parties, a total sum of Rs.1,70,000/- was agreed to be paid by the petitioner in seven monthly instalments. Out of the same, three instalments of Rs.25,000/- each have been paid. Last instalment (Rs.20,000/-) is to be paid on 15.4.2012. The learned counsel for the petitioner submits that the petitioner has undertaken to pay the said amount on the dates specified in the statement filed on 10.10.2011 (see running page 19 of the petition). 2. Since such an undertaking is there, further proceedings against this petitioner in C.C.No.741/2008 on the file of Addl. Chief Judicial Magistrate (E.O.), Ernakulam shall stand quashed. But it is made clear that petitioner will abide by the undertaking given by him. If not, the 2nd respondent is at liberty to move this Court for appropriate reliefs. The warrant of arrest issued against the petitioner Crl.M.C. No.2627 of 2011 -: 2 :- will stand recalled. This Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. Jvt