IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 Crl.MC.No. 657 of 2009(F) ------------------------------ (CMP 2809/08 IN VC 3/07 OF THE COURT OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE, THRISSUR) PETITIONER(S): --------------- THANKAMMA JOSEPH, W/O.LATE SRI.JOSEPH THOMAS, ANJUMURI ROAD, THAMMANAM P.O. BY ADV. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR (FOR SUPERINTENDENT OF POLICE, VIGILANCE & ANTI-CORRUPTION BUREAU, SPECIAL CELL, ERNAKULAM. PUBLIC PROSECUTOR SRI. P.N. SUKUMARAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 657 OF 2009 = = = = = = = = = = = = = = = Dated this the 4th day of March, 2009. O R D E R This petition is filed with a prayer to modify or vary Annexure A5, A7 and A9 orders of the Court of Enquiry Commissioner and Special Judge, Thrissur and order return of the documents on the strength of sureties in the interest of justice. Annexure A5 is an order whereby the Special Judge has ordered that the F.D. receipts of Malayil Bankers in the name of the petitioner shall be returned to the petitioner on furnishing security and substituting the certificates with certified copies. Annexure A7 is an order whereby the Court ordered return of items 21 and 26 on furnishing security and Annexure A9 order is to the effect that the F.D. receipts could be released on furnishing sufficient security. 2. The F.D. receipts are in the name of mother and grandchildren of the mother and it is submitted that she is badly in need of money and therefore the F.D. receipts may have to be returned and the insistence to furnish security CRL.M.C. 657 OF 2009 -:2:- may be dispensed with. The whole case is on the basis of a dis-proportionate wealth of the son of the petitioner. Whether the money which is now claimed by the petitioner is a part of this dis-proportionate wealth of the son or not are all matters which is pending investigation before Court. Ultimately if it is found it is so then the said amount is liable to be forfeited. So it is on this back ground the matter has to be analysed. At the same time the F.D. receipts are required for the purpose of producing it before the Official Liquidator appointed by the Court in an insolvency proceedings so as to claim rateable distribution of the amount due under the F.D. receipts. There is time limit for the same. At the same time it has to be remembered that whether this amount can be enjoyed by the petitioner or others is still a matter which is under investigation by the Court. Therefore the only methodology by which interests of all can be protected is as follows. (1) A direction is given to the Enquiry Commissioner and Special Judge, Thrissur to hand over the F.D. receipts which is ordered by it to the petitioner herein on filing an CRL.M.C. 657 OF 2009 -:3:- undertaking affidavit that she will produce the original before the Liquidator, then substituting it with certified copies and then produce the original back before the Enquiry Commissioner and Special Judge. (2) The Official Liquidator appointed in the case, after satisfying with the original, shall permit the petitioner to substitute the same with the certified copies and return it back to the petitioner so as to enable her to produce it before the concerned Court. (3) If any rateable distribution of the amount as contemplated under the Insolvency Act is given to the parties, let the Liquidator file a report regarding the same before the Insolvency Court and let the Insolvency Court take security for the disbursement of the amount and thereafter a direction be given to dispose of the matter so that the interest of all can be safely protected. The CRL.M.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-