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. 1706 of 2006() ------------------------- CC.116/2006 of JUDL.MAGISTRATE OF FIRST CLASS-III, KOTTAYAM .................... PETITIONER(S): ACCUSED NO.9. ---------------------------- N.MANI, NO.321, III FLOOR, LINGHI CHETTY STREET, CHENNAI 600 001. BY SRI.JOSEPH KODIANTHARA, SENIOR ADVOCATE. ADV. SRI.MATHEWS K.UTHUPPACHAN SRI.M.RAMESH CHANDER RESPONDENT(S): COMPLAINANT AND STATE. ------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. LEELAMMA.G.OLIKARA, OLIKARA HOUSE, THOTTAKKAD P.O. KOTTAYAM. R1 BY PUBLIC PROSECUTOR SRI.B. JAYASURYA R2 BY SRI.V.P.SUKUMAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl. M.C 1706/2006 -2- APPENDIX PETITIONER'S EXHIBITS ANNEXURE-A - TRUE COPY OF THE COMPLAINT DATED 28-02-2006 CC No.116/2006 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, KOTTAYAM. ANNEXURE-B - TRUE COPY OF THE AFFIDAVIT DATED 21-06-2005 IN SUPPORT OF THE JUDGES SUMMONS CONTAINING THE SCHEME PREPARED BY THE COMPANY AND SUBMITTED BEFORE THE HIGH COURT OF MADRAS ANNEXURE-C - TRUE COPY OF THE PROCEEDINGS DATED 12-08-2005 OF THE CHAIRMAN OF THE MEETING OF THE BOND HOLDERS. RESPONDENTS EXHIBITS NIL TRUE COPY P.A. TO JUDGE AMG B.P. RAY, J. ------------------------------------------------- Crl. M.C No.1706 OF 2006 ------------------------------------------------- DATED THIS THE 12th DAY OF AUGUST, 2011 O R D E R Heard Learned Counsel for the petitioner and the learned Public Prosecutor. 2. Petitioner is the 9th accused in C.C No.116/2006 on the file of Judicial First Class Magistrate Court-III, Kottayam for offences punishable under Sections 409 and 420 of IPC. Petitioner prays for a direction to quash Annexure-A complaint. 3. I am not inclined to quash Annexure-A complaint at this stage. It is open to the petitioner 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 petitioner states that the petitioner apprehends arrest and now he is ready and willing to surrender before the trial court. If the petitioner surrenders on or before 20-09-2011 and apply for bail, the learned Magistrate shall release him on bail on such terms and conditions as he deems fit. 5. After being released on bail, if the petitioner files an Crl. M.C No.1706/2006 -2- application under Section 205 Cr.P.C. for dispensing his personal appearance, the learned Magistrate shall do well to dispense with his 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