Allowed

J and P Sand and Aggregates International Pvt.Ltd. v. State of Kerala

Kerala HC18 Feb 2020Crl.MC/394/2020

Case brief

AI extract

What is this about?

The High Court allowed the petitioner company's application under Section 451 Cr.P.C. for release of seized funds, rejecting the Magistrate's view that a new petition was barred after an earlier one by the managing director failed due to non-compliance with a bond condition. The company was granted release upon executing a bond with two sureties.

What did the court decide?

The seized amount lying in deposit is to be released to the petitioner Company represented by its Managing Director upon execution of bond with two sureties.

J and P Sand and Aggregates International Pvt.Ltd. Vs… — Property and Title | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE ASHOK MENON

¶4

TUESDAY, THE 18TH DAY OF FEBRUARY 2020 / 29TH MAGHA, 1941

¶5

Crl.MC.No.394 OF 2020(H)

¶6

AGAINST THE ORDER/JUDGMENT IN CMP 5844/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS - II, PERAMBRA

¶7

CRIME NO.531/2019 OF Balussery Police Station , Kozhikode

¶8

PETITIONER/PETITIONER:

¶9

J AND P SAND AND AGGREGATES INTERNATIONAL PVT.LTD. ERAMANGALAM, BALUSSERY, KOZHIKODE DISTRICT, REP. BY ITS MANAGING DIRECTOR, PETER JOSEPH, S/O.JOSEPH CHACKO, AGED 47 YEARS, THURUTHUKKARA, KIZHAKKAMBALAM, ERNAKULAM DISTRICT, KERALA STATE.

¶10

BY ADV. SMT.A.A.GEETHA

¶11

RESPONDENTS/RESPONDENTS:

¶12

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.

¶13

2 GIREESH P., AGED 45 YEARS S/O.RAGHAVAN NAIR, PARAMBIL HOUSE, ERAMANGALAM P.O., BALUSSERY, KOZHIKODE DISTRICT673612.

¶14

BY ADV. SRI.PAUL K.VARGHESE

¶15

SRI.PP RAMESH CHAND

¶16

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶17

Crl.MC.No.394 OF 2020(H)

¶18

¶19

ORDER

¶20

Dated this the 18th day of February 2020

¶21

The petitioner is a private company represented by its Managing Director. The petitioner filed an application under Section 451 of the Cr.P.C as CMP.No.5844/2019 before the Judicial First Class Magistrate Court-II, Perambra for getting release of the amount that was seized in connection with the Crime No.531 of 2019 of Balussery Police Station, it was allegedly involved in offences punishable under Sections 457, 380, 461 of Indian Penal Code. On an earlier occasion, the Manager of the Company who was the defacto complainant had filed a petition as CMP No.4718/2019 and by order dated 28.9.2019 at Annexure V, the learned Magistrate was pleased to allow the petition, on condition that the Manager shall produce a bank guarantee for the said amount to be released to him. However, the Manager was not in a position to furnish the bank guarantee and amount was never released. Now, the Company has appeared and claimed to get the amount released. The learned Magistrate dismissed CMP No.5844/2019 for the reason that earlier when the same relief was granted to the Manager

¶22

Crl.MC.No.394 OF 2020(H)

¶23

¶24

under Section 451 Cr.P.C another petition cannot be filed by the petitioner under the same provision.

¶25

It is pertinent to note that the amount does not belong to the Manager but to the Company and whoever representing the Company is entitled to get that amount released. Earlier, it was the Manager who had filed the application for getting the amount released and the application was also allowed but the condition that he shall produce a bank guarantee was not complied with and in this petition also the very same Manager of the Company has been impleaded as 2^nd respondent and he is represented by the counsel and submitted that he has no objection in the amount being released to the Company. There is no dispute that the money belongs to the petitioner Company and was stolen by a former employee.

¶26

Under the circumstances, I find that merely for

¶27

the reason that under the very same provision earlier, an application was filed by the Manager and it was allowed by the Court will not be any impediment in filing a separate application by the Company represented by the Managing Director to get the amount released, as long as the former petitioner is also on the party array and has expressed that he has no objection in

¶28

Crl.MC.No.394 OF 2020(H)

¶29

¶30

releasing the amount to the Company represented by its Managing Director. It is also pertinent that the Company is indebted to the Federal Bank, towards which repayments are due, as evident from Annexure I.

¶31

Under the circumstances, the petition is allowed and the amount lying in deposit shall be released to the petitioner Company represented by its Managing Director on execution of bond with two sureties for the said amount.

Sd/-

ASHOK MENON

JUDGE

ska

Crl.MC.No.394 OF 2020(H)

¶37

¶38

APPENDIX

¶39

PETITIONER'S/S EXHIBITS:

¶40

ANNEXURE I A TRUE COPY OF THE STATEMENT ISSUED BY THE MANAGER, FEDERAL BANK LTD., KOLENCHERY BRANCH TO THE PETITIONER DATED 9.1.2020.

¶41

ANNEXURE II A TRUE COPY OF THE FIR IN CRIME NO.531/2019 OF BALUSSERY POLICE STATION DATED 26.8.2019.

¶42

ANNEXURE III A TRUE COPY OF THE CMP NO.5844/2019 IN CRIME NO.531/2019 OF BALUSSERY POLICE STATION DATED 10.12.2019.

¶43

ANNEXURE IV A TRUE COPY OF THE ORDER IN CMP NO.5844/2019 IN CRIME NO.531/2019 OF BALUSSERY POLICE STATION DATED 24.12.2019.

¶44

ANNEXURE V A TRUE COPY OF THE ORDER IN CRL.M.P.NO.4718/2019 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT PERUMBARA DATED 28.9.2019

J and P Sand and Aggregates International Pvt.Ltd. v. State of Kerala

Case brief

What is this about?

What did the court decide?

J and P Sand and Aggregates International Pvt.Ltd. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S. Indusind Bank Ltd. Vs State of Kerala

Abdul Jaleel Vs State of Kerala

V.N.Radhakrishnan, Vs State of Kerala

Sivan Vs State of Kerala

Shebin Vs State of Kerala

Abuthahir Vs State of Kerala