IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 Crl.MC.No. 3565 of 2008() ------------------------------------ MP. NO.4759/2008 IN CC. NO.75/2008 OF THE CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM. ......... PETITIONER(S): ACCUSED ---------------------- SOBI GEORGE, AGED 40 YEARS, S/O. GEORGE KAKKARATH HOUSE, NELLIMATTOM KOTHAMANGALAM, ERNAKULAM. BY ADV. SRI. K.SIJU RESPONDENT(S): STATE AND DEFACTO COMPLAINANT -------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. BINOY.M.N, EDAPARAMBIL HOUSE, NEAR BABUJI ENGLISH MEDICUM SCHOOL, PERUVA.P.O, KOTTAYAM DISTRICT. 3. BASIL K. MATHEW, KIZHAKAMAREKATTU HOUSE, MAREKATTU JUNCTION, PAMPAKUDA.P.O, MOOVATTUPUZHA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.3565 of 2008 ------------------------------------- Dated this the 19th day of December, 2008 ORDER Petitioner is the sole accused in a prosecution for offences punishable, inter alia, under Section 420 I.P.C. Investigation is complete. Final report has already been filed. The crux of the allegations against the petitioner is that he had fraudulently deceived respondents 2 and 3, the victims of the alleged offence. At the stage of the application for anticipatory bail, there was a direction that the petitioner must deposit amounts. It is now conceded that the entire amount of Rs.3.5 lakhs each payable to respondents 2 and 3 has already been deposited before the Magistrate by the petitioner and the same has been released to respondents 2 and 3. The amount was released to the respondents on the basis of the directions issued by this Court in Annexure-A3 order under which it was specifically directed that all the documents produced in court shall be released to the petitioner/accused. 2. The amount has been released, but the documents have not been released. The petitioner has now come to this Crl.M.C. No.3565 of 2008 2 Court with a prayer that the prosecution launched against him may be quashed in as much as parties by consent have deposited the amount and taken back the amount from court. In these circumstances, the petitioner prays that C.C.No.75 of 2008 pending against him before the learned Chief Judicial Magistrate, Ernakulam may be quashed. 3. Respondents 2 and 3 have entered appearance through counsel. They accept that there has been a settlement and composition of the offence alleged. But the learned counsel for respondents 2 and 3 submits that the settlement and composition was limited to the criminal case and though respondents 2 and 3 have received the principal amount of Rs.3.5 lakhs each due to them, they want to stake claim for interest on the amount. The matter can be reckoned as compounded, but it may be made clear that only the criminal offence is compounded and the composition of the criminaloffence will not prejudice the right of respondents 2 and 3, if they are so advised,s to stake the claim for interest on the principal amount which have already been returned. 4. The learned counsel for the petitioner submits that the documents which are available in court produced by the Crl.M.C. No.3565 of 2008 3 police which in turn were produced before the police by respondents 2 and 3 may be permitted to be released to the petitioner. The learned counsel for respondent 2 and 3 submits that respondents 2 and 3 have no objection against release of those documents to the petitioner, but only after respondents 2 and 3 are permitted to take certified copies of the same from court. 5. The parties have settled the disputes and following the dictum in Madan Mohan Abbot v. State of Punjab [2008 (3) KLT 19], I am satisfied that the prosecution against the petitioner can be quashed subject of course to appropriate observations. In the result: a) This Crl.M.C is allowed; b) C.C.No.75 of 2008 pending before the Chief Judicial Magistrate, Ernakulam, in which the petitioner herein is the accused and respondents 2 and 3 are the victims, is hereby quashed; c) The quashing is subject to the observation that the termination of the criminal prosecution will not fetter the rights of respondents 2 and 3, if they are so advised, to stake claims Crl.M.C. No.3565 of 2008 4 before civil court for interest due on the amounts already returned; d) It is further directed that all documents relating to the transaction produced by respondents 2 and 3 before the police and produced in turn by the police before the learned Magistrate shall be released to the petitioner herein on or after 19.01.09. In the meantime if respondents 2 and 3 file applications for certified copies of such documents, the originals shall be released to the petitioner only after certified copies are issued to respondents 2 and 3. (R.BASANT, JUDGE) rtr/- Crl.M.C. No.3565 of 2008 5 R.BASANT, J ------------------------------------ Crl.M.C. No.3565 of 2008 ------------------------------------- Dated this the 24th day of September, 2008 ORDER Call for a report from the learned Chief Judicial Magistrate, Ernakulam giving details of the circumstances under which the petitioner was taken into custody and remanded. Crl.M.C. No.3565 of 2008 6 2. Call on 06.10.08. Crl.M.Appl.No.5108 of 2008 There shall be an interim direction that the petitioner shall be released on bail on condition that he executes a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum and deposits an amount of Rs.3.5 lakhs within a period of one week from the date of his release. If so released, the petitioner shall appear before this Court on the next date of posting, ie. 06.10.08. 2. Hand over a copy of this order to the learned counsel for the petitioner today itself. (R.BASANT, JUDGE) rtr/-