IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 Crl.MC.No. 994 of 2009() --------------------------- AGAINST CMP 606/09 & 607/09 IN CRIME NO.1080/08 OF CHERANELLUR POLICE STATION) ......................... PETITIONER(S): PETITIONERS -------------------------------------- 1. MANOJ.T.J, AGED 37 YEARS, S/O.JAYADEVAN NAMBOODIRI, RESIDING AT HOUSE OF DR.T.J. MATHEW NEAR VALLATHOL JUNCTION, SEA PORT AIR PORT ROAD, THRIKKAKARA. 2. RHINE GEORGE, W/O.MANOJ, RESIDING -DO- BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): RESPONDENTS ---------------------------------------- 1. THE SUB INSPECTOR OF POLICE, CHERANELLUR POLICE STATION, ERNAKULAM. 2. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 994 OF 2009 = = = = = = = = = = = = = = = Dated this the 18th day of March, 2009. O R D E R This petition is filed with a prayer to quash Annexure I and II orders in Crime No.1080/08 of Cheranellur Police Station. The first petitioner is facing a prosecution for mis- appropriation etc. and at the instance of the Investigating Officer the Court has frozen the account and it is submitted now that they are in need of money for the treatment of their daughter who is having serious ailments and therefore the Court has to lift the freezing of the account and it is further contended that the Court has no power to freeze the account at all. What is the amount in the account, what is the amount alleged to be misappropriated and what is the bona fide need for the amount are all factual questions which requires determination besides the question of legality of freezing the account by the Court. I permit the petitioner herein to move an appropriate application narrating the entire details including the competency of the Court to freeze Crl.M.C. 994 OF 2009 -:2:- the account and let it be considered on merit by the Court below after hearing the prosecution. With this direction the Crl.M.C is closed. It is made clear that the impugned orders will not be a bar for consideration of those applications. M.N. KRISHNAN, JUDGE. ul/-