IN THE HIGH COURT OF KERALA AT ERNAKULAM Crl.MC.No. 2210 of 2010() 1. PHILOMINA ... Petitioner Vs 1. STATE OF KERALA ... Respondent For Petitioner :SRI.C.P.UDAYABHANU For Respondent : No Appearance The Hon'ble MR. Justice V.RAMKUMAR Dated :25/06/2010 O R D E R V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.2210 of 2010 -------------------------------------- Dated this the 25th day of June, 2010 ORDER
Heard both sides.
2. The prosecution admits that each of the petitioners
had given to the accused in Crime No.1451/2009 of
Ernakulam Town South Police Station a sum of Rs.1,00,000/-
(Rupees one lakh only) and that what is now available in the
account of the accused after withdrawal by the accused is
Rs.6,51,304.16 (Rupees Six lakh fifty one thousand three
hundred and four and paise sixteen only) which amount
belongs to the petitioners. If so, the order dated 25.5.2010
passed by the Additional Chief Judicial Magistrate Court
(Economic Offences), Ernakulam in CMP No.1058/2010 is set
aside and the said petition will stand allowed. The learned
Magistrate shall return the said amount to the petitioners
jointly on each of them executing a bond for Rs.1,00,000/- with
two solvent sureties each for the like sum amount and on
either each of the petitioners or his sureties furnishing
security in the form of immovable property for the said
Rs.1,00,000/- and on undertaking that each of the petitioners
shall produce the share of the amount given to him as and
when required.
V.RAMKUMAR, JUDGE
dmb