IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 Crl.MC.No. 3787 of 2008() ------------------------- SC.132/2007 of IVTH ADDITIONAL SESSIONS JUDGE, TODUPUZHA .................... PETITIONER(S): --------------- 1. RADHA, D/O VELAYUDHAN, POTTANPLACKAL HOUSE, NAYARUPARA KARA, IDUKKI VILLAGE. 2. KURYAN, AGED 54, POTTANPARAMBIL, NAYARUPARA KARA, IDUKKI VILLAGE. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN SMT.LAKSHMI.N.KAIMAL RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.3787 of 2008 ------------------------------------- Dated this the 3rd day of November, 2008 ORDER Petitioners face indictment in a prosecution for offences punishable under the Kerala Abkari Act. They were found guilty, convicted and sentenced. They preferred an appeal before this Court. This Court directed suspension of the sentence subject to conditions, inter alia, that part of the fine amount must be deposited before the trial court. The appeal has now been disposed of. The appellants have been found not guilty and acquitted vide Annexure-B judgment. The petitioners have deposited amounts before the learned Magistrate. They want the Court to return the amounts to them. According to them, the court below is not releasing the said amount. Under the Code of Criminal Procedure and the rules, the court below is obliged to release the amount deposited by them before the court below in the light of the subsequent judgment of acquittal by the appellate court. The amounts are not being released. This is the short grievance. 2. Did the petitioners apply before the court below for release of the amount ? What, if any, is the order passed by the court below ? The learned counsel for the petitioners submits Crl.M.C. No.3787 of 2008 2 that the petitioners have not applied for release of the amount. In fact, the court below was not inclined to accept their application, submits counsel. 3. It is for the petitioners to apply before the court below for release of the amounts subsequent to the judgment of acquittal by the appellate court. If such an application is filed, the court below must dispose of the same in accordance with law. The submission that the application was filed before the court below and the court below did not entertain the same cannot be countenanced in the light of the decision in Gopalakrishna Pillai v. D.S.P [2008(3) KLT 80]. 4. With the observations that the petitioners can apply before the court below for release of the amount and if such application is filed the same must be disposed of by the learned Magistrate in accordance with law, this Crl.M.C is dismissed. 5. Hand over a copy of this order to the learned counsel for the petitioners for production before the court below. (R.BASANT, JUDGE) rtr/-