IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 Crl.MC.No. 1236 of 2004() ------------------------- AGAINST THE ORDER DATED 24/03/2004 IN CRMP. 1043 /2004 IN CRA.81/2004 of SESSIONS COURT, THODUPUZHA .................... PETITIONER: ------------ 1. SEBASTIN, S/O. THOMAS, PALATHANATU HOUSE, EDAMARUKU KARA, UDUMBANOOR, THODUPUZHA. 2. CHACKO, S/O. MATHAI, CHERINYIL HOUSE, CHEENAKUZHY, UDUMBANOOR, THODUPUZHA. 3. JOBI MATHEW, S/O. MATHAI, DO. DO. 4. THOMAS, S/O. MATHAI, DO. DO. 5. MANOJ, S/O. KUTTAPPAN, THANDEL HOUSE, EDAMARUKU, UDUMBANOOR. 6. SALIM, S/O. MAYTHEEN, PANACHICKAL HOUSE EDAMARUKU, UDUMBANNOOR. BY ADV. SRI.K.R.SUNIL RESPONDENTS: ------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI C.M. KAMMAPPU THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 13/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------------- Crl.M.C. No.1236 of 2004 ---------------------------------------------- Dated, 13th February, 2008. ORDER Both the counsel appearing for the petitioner as well as the learned Public Prosecutor submitted that Crl.Appeal No.81/2004 which was pending before the Sessions Court, Thodupuzha has been disposed of vide judgment dated 27-3- 2006 and as such this Crl.M.C. became infructuous. Therefore, this Crl.M.C. is liable to be dismissed as infructuous. 2. Counsel for the petitioners submitted that at the time of filing the appeal before the court below and as per the order dated 24th March, 2004 in Crl.M.P.No.1043/2004, the petitioners herein were directed to deposit a sum of Rs.2000/-each and they have accordingly deposited the same and hence, the counsel for the petitioner submitted that an order may be issued directing to release the amount to the petitioners. 3. Admittedly, the amount sought to be released was deposited while the appeal was admitted and as a condition for suspending the sentence and enlarging the petitioners on bail. CRMC 1236/04 2 It is for that court to take a decision on this matter on merit. Therefore, the petitioners are directed to approach the court below and seek their remedy and in case the petitioners approach the court below with the above prayer, the same shall be considered on merit and dispose of the same. Subject to the above observation and direction, the Crl.M.C. is dismissed as infructuous. V.K.MOHANAN, JUDGE. kvm/- CRMC 1236/04 3 V.K.MOHANAN, J. No.... Judgment/Order Dated: