IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 Crl.MC.No. 2210 of 2010() ------------------------- CMP.1058/2010 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O), ERNAKULAM (CRIME NO.1451/2009 OF ERNAKULAM TOWN SOUTH POLICE STATION) .................... PETITIONER(S): --------------- 1. PHILOMINA, AGED 50, D/O.JOSEPH VALLYARA HOUSE, PADIYOOR P.O, THRISSUR DIST. 2. NAISON MENTUS, AGED 23, S/O.VINCENT VALLYARA HOUSE, PADIYOOR P.O, THRISSUR DIST. 3. BAIJU.P.T, AGED 28, S/O.THOMAS PADICKAPPARAMBIL HOUSE, EDAKKULAM P.O THRISSUR DIST. 4. PAUL.P.T, AGED 32, S/O.THOMAS PADICKAPPARAMBIL HOUSE, EDAKKULAM P.O THRISSUR DIST. 5. JOJO.O.J, AGED 27, S/O.JOSE OLATTUPURAM HOUSSE PADIYOOR P.O, THRISSUR DIST. 6. MOJO.T.G, AGED 34, S/O.JOSEPH THIYYADI HOUSSE, VELLANGALLOOR P.O THRISSUR DIST. 7. NISHAD T.H, AGED 23, S/O.HAMEED THUFFAYIL HOUSSE, VELLANGALLOOR P.O THRISSUR DIST. 8. SIBIN.A.V, AGED 22, S/O.VARGHESE AMALATH HOUSE, KODUNGALLOOR P.O, THRISSUR DIST. 9. SANISH.P.L, AGED 27, S/O.LALU PADIANCHERY HOUSSE, KOMBATHKADAVU.P.O THRISSUR Crl.MC.No. 2210 of 2010 :2: 10. JOY.K.O, AGED 43, S/O.OUSEPH KOLENKANNI HOUSE VELLANGALLOOR P.O, THRISSUR DIST. 11. MANOJ.M.U, AGED 36 S/O.UNNIYERI, MANDATHRA HOUSE KARA.P.O, THRISSUR DIST. 12. VINU.A.V, AGED 23, S/O.VARGHESE ARACKAL HOUSE, KASARGODE P.O, KASARGODE 13. DEEPU.C.C, AGED 26, S/O.CHANDRAPPAN CHANIVELIYIL HOUSE, AZHIKODE P.O, THRISSUR 14. NOBY C.J, AGED 30, S/O.JOSEPH CHATHANADU HOUSE, AZHIKODE P.O, THRISSUR 15. JOBY.C.J, AGED 25, S/O.JOSEPH CHATHANADU HOUSE, AZHIKODE P.O, THRISSUR BY ADV. SRI.C.P.UDAYABHANU RESPONDENT(S)/ COMPLAINANT: -------------------------------------------- STATE OF KERALA REPRESENTED BY THE S.I. OF POLICE, E.T.SOUTH POLICE STATION (CRIME NO.1451/09) REPRESENTED BY THE A.P.P ACJM(E.O) COURT, ERNAKULAM PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.2210 of 2010 -------------------------------------- Dated this the 25th day of June, 2010 ORDER Heard both sides. 2. The prosecution admits that each of the petitioners had given to the accused in Crime No.1451/2009 of Ernakulam Town South Police Station a sum of Rs.1,00,000/- (Rupees one lakh only) and that what is now available in the account of the accused after withdrawal by the accused is Rs.6,51,304.16 (Rupees Six lakh fifty one thousand three hundred and four and paise sixteen only) which amount belongs to the petitioners. If so, the order dated 25.5.2010 passed by the Additional Chief Judicial Magistrate Court (Economic Offences), Ernakulam in CMP No.1058/2010 is set aside and the said petition will stand allowed. The learned Magistrate shall return the said amount to the petitioners jointly on each of them executing a bond for Rs.1,00,000/- with two solvent sureties each for the like sum amount and on either each of the petitioners or his sureties furnishing security in the form of immovable property for the said Rs.1,00,000/- and on undertaking that each of the petitioners shall produce the share of the amount given to him as and when required. V.RAMKUMAR, JUDGE dmb