IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932 Crl.MC.No. 4020 of 2010() ----------------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.2996/2009,CRIME NO. 169/2008 OF CECID,TVM .................... PETITIONER(S): ACCUSED NO.4: ---------------------------------------------- DR.RAMANI K., W/O.DR.KRISHNAN R., AGED 50 YEARS, ASWINI HOSPITAL, CURSON ROAD, KOLLAM-13. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): COMPLAINANT ----------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA, ERNAKULAM, REP. BY SUPERINTENDENT OF POLICE, IN CRIME NO.169/2008 OF CBCID, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4020 OF 2010 =========================== Dated this the 1st day of November,2010 ORDER This petition is filed for a direction to the Chief Judicial Magistrate, Thiruvananthapuram to refund Rs.12,50,000/- deposited by her in compliance with Annexure A1 order as modified by Annexure A2 order. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. The amount sought to be withdrawn was deposited in compliance with the conditions in Annexure A1 order, as modified by Annexure A2 order. Petitioner having enjoyed the benefit of the order, is not entitled to get the amount so deposited, released unless the conditions in Annexure A1 order as modified in Annexure A2 order of this court is modified. Crl.M.C.832/2010 2 4. Learned counsel appearing for the petitioner submitted that petitioner may be permitted to withdraw the petition with liberty to seek modification of the conditions in Annexure I order. Petition is dismissed as withdrawn. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006