IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 Crl.MC.No. 3462 of 2005(C) ------------------------ (CRIME NO.656/2005 OF THE KOLLAM EAST POLICE STATION) PETITIONER(S): --------------- 1. M/S. INTEGRATED FINANCE CO.LTD., `VAIRAMS', 122, THYAGARAYA ROAD, T. NAGAR, CHENNAI-600 017. 2. GEORGE KURUVILLA, NO.24, NORTH CRESCENT ROAD, T. NAGAR, CHENNAI-600 017. 3. SUNIL KUMAR. G., MANAGER, INTEGRATED FINANCE CO.LTD., KUZHITHODIYIL BUILDINGS, QMS 25/978, HIGH SCHOOL JUNCTION, KOLLAM. BY SRI.JOSEPH MARKOSE, SENIOR ADVOCATE SRI.MATHEWS K.UTHUPPACHAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, KOLLAM. 3. SARADAMMA. A., AGEAD 57 YEARS, `SHREYAS', THUMBARA, MUNDAKKAL EAST, KOLLAM-1. R1 BY PUBLIC PROSECUTOR SRI.B. JAYASURYA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl. M.C 3462/2005 -2- APPENDIX PETITIONER'S EXHIBITS ANNEXURE-A - TRUE COPY OF THE AFFIDAVIT FOR JUDGES SUMMONS FILED BY THE 1ST PETITIONER BEFORE THE MADRAS HIGH COURT CONTAINING THE SCHEME OF ARRANGEMENT/COMPROMISE PREPARED BY THE COMPANY ANNEXURE-B - TRUE COPY OF THE PROCEEDINGS DATED 12-08-2005 OF THE CHAIRMAN OF THE MEETING OF INVESTORS APPOINTED BY THE MADRAS HIGH COURT CONFIRMING THE APPROVAL OF THE DEPOSIT HOLDERS ANNEXURE-C - TRUE COPY OF THE COMPLAINT IN O.P. No.301/2005 DATED 15-02-2006 FILED BY THE 3RD RESPONDENT BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM ON 5-8-2005. ANNEXURE-D - TRUE COPY OF THE COMPLAINT DATED NIL FILED BY THE 3RD RESPONDENT BEFORE THE CHIEF JUDICIAL MAGISTRATE'S COURT, KOLLAM. ANNEXURE-E - TRUE COPY OF THE FIRST INFORMATION REPORT DATED 10-09-2005 SUBMITTED BY THE 2ND RESPONDENT BEFORE THE CHIEF JUDICIAL MAGISTRATE'S COURT, KOLLAM. RESPONDENTS EXHIBITS NIL TRUE COPY P.A. TO JUDGE AMG B.P. RAY, J. ------------------------------------------------- Crl. M.C No. 3462 OF 2005 ------------------------------------------------- DATED THIS THE 12th DAY OF AUGUST, 2011 O R D E R Heard Learned Counsel for the petitioners and the learned Public Prosecutor. 2. Petitioners are accused No.1 to 3 in Crime No.656/2005 registered by Kollam East Police for offences punishable under Sections 420, 406 read with Section 34 of IPC. The case is now pending before the Chief Judicial Magistrate's Court, Kollam. Petitioners pray for a direction to quash Annexure-E F.I.R. 3. I am not inclined to quash the F.I.R at this stage. It is open to the petitioners to plead discharge before the trial court at appropriate stage raising all relevant points. I have not expressed any opinion on the merits of the case. 4. The learned counsel for the petitioners states that the petitioners apprehend arrest and now they are ready and willing to surrender before the trial court. If the petitioners surrender on or before 20-09-2011 and apply for bail, the learned Magistrate shall release them on bail on such terms and conditions as he deems fit. Crl. M.C No.3462/2005 -2- 5. After being released on bail, if the petitioners file an application under Section 205 Cr.P.C. for dispensing their personal appearance, the learned Magistrate shall do well to dispense with their personal appearance on such terms and conditions he deems fit. Crl.M.C is disposed of as above. Sd/- B.P. RAY, JUDGE. AMG True copy P.A to Judge