IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 172 of 2007()
1. P.K.PAREED, S/O.KUNHUKUNJU,
... Petitioner
2. MEERA UMMA, W/O.KUNHUKUNJU,
Vs
1. STATE OF KERALA, REPRESENTED
... Respondent
For Petitioner :SRI.K.RAMAKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :21/02/2007
O R D E R
R.BASANT, J
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Crl.M.C.No.172 of 2007
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Dated this the 21st day of February, 2007
ORDER
The grievance of the petitioners is that they have been found not
guilty and acquitted as per Annexure-A judgment passed by this Court
in an appeal. The amount has been deposited by them as directed in
the judgment of the court below, which has already been set aside.
The amount deposited by them is not being returned by the learned
Assistant Sessions Judge.
2. Did they make an application for return of the amount ? If
not, why has such application not been filed ? If such application has
been filed, what is the prayer in that application ? Why is the prayer
rejected ? Why is the order not being produced ? I do not get
satisfactory answers to the above queries. However, I am satisfied
that the petitioners can be permitted to approach the learned
Assistant Sessions Judge, before whom the deposit was made,
claiming release of such amount in the light of the appellate judgment
passed by this Court, a copy of which is produced as Annexure-A.
Such application must be disposed of on merits. I can find no reason
why the judgment having already been set aside, the amounts which
are deposited by the petitioners, as directed under the said judgment,
should not be released to them.
Crl.M.C.No.172 of 2007 2
3. This Crl.M.C is, in these circumstances, dismissed with the
above observations. Hand over a copy of this order to the learned
counsel for the petitioners forthwith for production before the learned
Assistant Sessions Judge.
(R.BASANT, JUDGE)
rtr/-