IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 Crl.MC.No. 1536 of 2009() ------------------------- OPIP.2/2008 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONER(S): ------------------------ BIJU PAPPAN, REVATHY HOUSE, KANNAMMOOLA, THIRUVANANTHAPURAM. BY ADVS. MR.V.S.VINEETH KUMAR, MR.R.T.PRADEEP. RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. 2. DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH CID, KOWDIAR, THIRUVANANTHAPURAM. 3. A.P.AJAYAN, OFFICIAL RECEIVER, OFFICE OF THE OFFICIAL RECEIVER, DISTRICT COURT, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR MR. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 1536 OF 2009 ------------------------------------------ Dated 3rd June 2009 O R D E R Petitioner had received Rs.15,00,000/- from Sabarinath, the accused in the case being investigated by C.B.C.I.D in crime 169/2008 of Medical college police station. During investigation finding that Rs.15,00,000/- which was received from Sabarinath is available with the petitioner, investigating officer issued Annexure-II notice directing him to take a demand draft for Rs.15,00,000/- in the name of Additional Chief Judicial Magistrate and produce it before the Deputy Police Superintendent, Crime Branch, CID, Kowdiar. Meanwhile, petitioner also received Annexure-III notice from official Receiver appointed by Insolvency court (Additional Sub court Thiruvananthapuram) in O.P.(IP) No.2/2008 directing him to remit Rs.15,00,000/- received by him from Sabarinath as advance. Petitioner filed this petition under Section 482 of Code of Criminal Procedure contending that he cannot deposit the amount both CRMC 1536/09 2 before the investigating officer as well as insolvency court and contending that in such circumstances, Annexures-I and II are to be quashed. 2. Learned counsel appearing for petitioner and learned Public Prosecutor were heard. 3. Learned counsel appearing for petitioner submitted that he is prepared to deposit the amount either before the Insolvency court or before the Additional Chief Judicial Magistrate as this court directs and necessary directions may be issued. Learned Public Prosecutor on instructions submitted that petitioner be directed to deposit the amount before the Insolvency court where a petition to declare Sabarinath insolvent is pending. In such circumstances, Crl.M.C is disposed directing petitioner to deposit Rs.15,00,000/- received by him from accused Sabarinath, before the Insolvency court as required by official receiver under Annexure-III notice. M.SASIDHARAN NAMBIAR, JUDGE. uj.