Petitioners sought return of fine deposits after their acquittal on appeal, arguing the lower court was obliged to release funds. The court held that petitioners must first apply to the lower court for release, referencing prior precedent on this procedural requirement.
Petitioners directed to apply to the lower court for release of the deposited amounts.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE R.BASANT
MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930
Crl.MC.No. 3787 of 2008()
------------------------SC.132/2007 of IVTH ADDITIONAL SESSIONS JUDGE, TODUPUZHA ....................
PETITIONER(S):
BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN SMT.LAKSHMI.N.KAIMAL
RESPONDENT(S):
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R.BASANT, J
Crl.M.C. No.3787 of 2008
Dated this the 3rd day of November, 2008
ORDER
Petitioners face indictment in a prosecution for offences punishable under the Kerala Abkari Act. They were found guilty, convicted and sentenced. They preferred an appeal before this Court. This Court directed suspension of the sentence subject to conditions, inter alia, that part of the fine amount must be deposited before the trial court. The appeal has now been disposed of. The appellants have been found not guilty and acquitted vide Annexure-B judgment. The petitioners have deposited amounts before the learned Magistrate. They want the Court to return the amounts to them. According to them, the court below is not releasing the said amount. Under the Code of Criminal Procedure and the rules, the court below is obliged to release the amount deposited by them before the court below in the light of the subsequent judgment of acquittal by the appellate court. The amounts are not being released. This is the short grievance.
Crl.M.C. No.3787 of 2008 2
that the petitioners have not applied for release of the amount. In fact, the court below was not inclined to accept their application, submits counsel.
(R.BASANT, JUDGE)
rtr/-
2 issues framed by the court
Whether petitioners are entitled to the refund of deposited fine amounts subsequent to their acquittal in the appeal.
Whether the lower court was obligated to release the amount without a specific application by the petitioners.
Colour shows how this judgement treated each authority
Gopalakrishna Pillai v. D.S.PReferred¶25
Gopalakrishna Pillai v. D.S.P [2008(3) KLT 80]
Radha
Kuryan
State of Kerala
R.Basant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
