IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 Crl.MC.No. 4900 of 2010() -------------------------------------- (FIR NO.671/2010 OF ERNAKULAM TOWN NORTH POLICE STATION, ERNAKULAM) .................... PETITIONER(S): ------------------------- 1. C.K.RAVINDRAN, AGED 54 YEARS (A2), S/O.CHANDRASEKHARAN, CHERUVEETTIL HOUSE, TIRUVARPPU, KOTTAYAM. 2. SHIBU.C.C., AGED 40 YEARS (A3), S/O.CHANDRASEKHARAN, CHERUVEETTIL HOUSE, TIRUVARPPU, KOTTAYAM. BY ADV. SRI.M.PROMODH KUMAR RESPONDENT(S): --------------------------- 1. STATE OF KERALA, STATION HOUSE OFFICER, ERNAKULAM TOWN NORTH POLICE STATION, ERNAKULAM, CRIME NO.671 OF 2010 REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MANJU ALIAS CHINCHUMOL, AGED 24 YEARS, D/O.LATE RAJENDRAN, KONNAMKUDI HOUSE, 1ST MILE, PERUMBAVOOR, PRESENTLY AT THIRUNILATH HOUSE, E.M.S.ROAD, NORTH KALAMASSERY, NEAR PETROL PUMP & FATHIMA CHURCH, ALUVA - 683 101. 3. BINU PRAMOD ALIAS BINU, 38 YEARS, S/O.ASOK KUMAR, UDAYAMPERUR, ERNAKULAM DISTRICT NOW RESIDING AT C/O.KUNHUTTY, KIZHAKKEKARA VEEDU, 40 ACRE, PAMBAVALLEY, ERUMELI, PATHANAMTHITTA-686 509. 4. JOSEPH JOSE, S/O.JOSE, KOCHUPARAMPIL, VILLAGE OFFICER, ETTUMANOOR VILLAGE, KOTTAYAM DISTRICT - 686 631. R1 BY PUBLIC PROSECUTOR SMT. PUSHPALATHA R2 BY ADVS.SRI.MANJERI SUNDERRAJ, SMT.K.K.PREETHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.4900 of 2010 --------------------------------------- Dated this 09th day of February, 2011 ORDER Petitioners are accused Nos.2 and 3 in Crime No.671 of 2010 of Ernakulam Town North Police Station for offences punishable under Secs.120B, 406 and 420 r/w Sec.34 of the Penal Code. Case was registered on Annexure-II, complaint the second respondent had submitted before the Chief Minister which was forwarded for necessary action. According to the second respondent the first accused along with petitioners made her believe that a close friend of the first accused to whom the first accused was much obliged was a kidney patient and needed a kidney to be donated to him, the kidney of first accused was not suitable and in the circumstances wanted second respondent to donate her kidney, otherwise she will be killed. Accordingly she was compelled to donate her kidney to the friend of the first accused. She alleged that the first accused later refused to look after her and learned that she was being deceived. The further allegation is that Rs.150,000/- given to the second respondent at the time of marriage was misappropriated by the first accused. Petitioners contend that they have been falsely implicated and Crl.M.C.No.4900 of 2010 -: 2 :- there are no materials against them to be implicated in the case. 2. I have heard learned counsel for petitioners, second respondent and the learned Public Prosecutor. Learned counsel for respondent No.2 submits that she does not want to proceed against petitioners/accused Nos.2 and 3 and the 4th accused (who is not a party in this proceeding). Learned counsel submits that second respondent wants to give a statement in that line to the investigating officer. 3. I make it clear that it is open to the second respondent to give appropriate statement to the police regarding the alleged incident as she wished and the police shall investigate into the incident. There is no reason why this Court should interfere in the matter at this stage. But I make it clear that if on a later stage it is found necessary, it is open to the petitioners to approach the appropriate forum seeking appropriate relief. This criminal miscellaneous case is disposed of as above. (THOMAS P JOSEPH, JUDGE) Sbna/-