IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 Crl.MC.No. 4863 of 2008() ------------------------- CC.198/2004 of J.F.C.M KOTHAMANGALAM .................... PETITIONER(S): --------------- 1. MAJESH, AGED 25 YEARS, S/O.SREEDHARAN,THALAPOLI HOUSE,NELLIMATTOM KARA, KUTTAMANGALAM VILLAGE. 2. RAJESH, AGED 25 YEARS,S/O.KESAVAN NAIR MADAVANKUDY HOUSE, THRIKKARIYOOR VILLAGE. 3. SIJIN, AGED 27, S/O.SUKUMARAN PARACKAL HOUSE, NELLIMATTOM KARA, KUTTAMANGALAM VILLAGE. 4. MANESH, AGED 21 YEARS,S/O.MANOHARAN THEKKEDATH HOUSE, AAYAKKADU KARA, THRIKKARIYOOR VILLAGE. 5. PRAKASH,AGED 28,S/O.SUKUMARAN MELPURAHIL HOUSE, KOZHILLILLY KARA. BY ADV. SRI.VAKKOM N.VIJAYAN SMT.V.RENJU SRI.P.ANIYAN SMT.REENA.C.STEPHENSON SMT.M.A.RAMITHA RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4863 of 2008 ---------------------------------------- Dated this the 2nd day of January 2009 O R D E R Petitioners were found guilty, convicted and sentenced in a prosecution for the offences punishable inter alia under Section 324 read with 149 I.P.C. They preferred an appeal. From the submissions made at the Bar, it appears that the fine amount had already been deposited before the learned Magistrate. In the appeal, the learned Sessions Judge, Ernakulam reversed the verdict of guilty, conviction and sentence. The petitioners/accused were found not guilty and acquitted. The petitioners are consequently entitled for return of the fine amount deposited by them before the learned Magistrate. They applied for release of the amount. The learned Magistrate in the light of Rule 113 of Criminal Rules and Practices, rejected the application inasmuch as no order of refund has been passed by the appellate court. The petitioner has come to this court aggrieved by the order dismissing their prayer for refund (a copy of that order is produced as Annexure A3). Crl.M.C.No.4863/08 2 2. I find no substance in this Crl.M.C. Consequent to the appellate judgment, the appellate court must issue the requisite order of refund under Rule 113 of the Criminal Rules and Practices. The petitioner can request the appellate court for issue of requisite certificate and I find no reason why such an order of refund cannot be granted by the appellate court. Instead of approaching the appellate court, the petitioners have unnecessarily come to this court. 3. This petition is accordingly dismissed with the observation that the petitioners can approach the appellate court and the appellate court must issue an order of refund if the impugned judgment of acquittal has not been altered/reversed by now and there is no other legal ground on which such issue cannot be made. 4. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No.4863/08 3 Crl.M.C.No.4863/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008