IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1536 of 2009()
1. BIJU PAPPAN, REVATHY HOUSE,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. DEPUTY SUPERINTENDENT OF POLICE,
3. A.P.AJAYAN, OFFICIAL RECEIVER,
For Petitioner :SRI.V.S.VINEETH KUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :03/06/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO. 1536 OF 2009
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Dated 3rd June 2009
O R D E R
Petitioner had received Rs.15,00,000/- from
Sabarinath, the accused in the case being investigated
by C.B.C.I.D in crime 169/2008 of Medical college
police station. During investigation finding that
Rs.15,00,000/- which was received from Sabarinath is
available with the petitioner, investigating officer
issued Annexure-II notice directing him to take a
demand draft for Rs.15,00,000/- in the name of
Additional Chief Judicial Magistrate and produce it
before the Deputy Police Superintendent, Crime Branch,
CID, Kowdiar. Meanwhile, petitioner also received
Annexure-III notice from official Receiver appointed
by Insolvency court (Additional Sub court
Thiruvananthapuram) in O.P.(IP) No.2/2008 directing
him to remit Rs.15,00,000/- received by him from
Sabarinath as advance. Petitioner filed this petition
under Section 482 of Code of Criminal Procedure
contending that he cannot deposit the amount both
CRMC 1536/09 2
before the investigating officer as well as
insolvency court and contending that in such
circumstances, Annexures-I and II are to be quashed.
2. Learned counsel appearing for petitioner
and learned Public Prosecutor were heard.
3. Learned counsel appearing for petitioner
submitted that he is prepared to deposit the amount
either before the Insolvency court or before the
Additional Chief Judicial Magistrate as this court
directs and necessary directions may be issued. Learned
Public Prosecutor on instructions submitted that
petitioner be directed to deposit the amount before the
Insolvency court where a petition to declare
Sabarinath insolvent is pending. In such circumstances,
Crl.M.C is disposed directing petitioner to deposit
Rs.15,00,000/- received by him from accused Sabarinath,
before the Insolvency court as required by official
receiver under Annexure-III notice.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.