Kerala High Court
N.G.Samuel vs The State Of Kerala on 21 November, 2013
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
TUESDAY, THE 9TH DAY OF JANUARY 2018 / 19TH POUSHA, 1939
Crl.MC.No. 4804 of 2016
C.C.NO. 231/2009 OF CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA
CRIME NO. 408/2009 OF PATHANAMTHITTA POLICE STATION
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PETITIONER(S)/ACCUSED NO.4 :
N.G.SAMUEL,
AGED 71 YEARS, S/O.N.C.GEEVARGHESE,
RESIDING AT NEDIYAKALAYIL VEEDU, BATHANIA,
KULANADA MURI & VILLAGE, KOZHENCHERRY TALUK,
PATHANAMTHITTA.
BY ADV.SRI.MANU RAMACHANDRAN
RESPONDENT(S)/STATE & DE-FACTO COMPLAINANT :
1. THE STATE OF KERALA,
THROUGH SUB INSPECTOR OF POLICE,
PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA DISTRICT,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
2. GEORGEKUTTY,
AGED 53 YEARS, S/O.MATHAI SAMUEL,
NELLUVELIL VEEDU, NEAR KURIAKOSE AASRAMAM,
KUMBAZHA NORTH, PATHANAMTHITTA VILLAGE,
PATHANAMTHITTA-689 653.
R1 BY PUBLIC PROSECUTOR SRI.T.R.RENJITH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD
ON 09-01-2018, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Msd.
Crl.MC.No. 4804 of 2016
APPENDIX
PETITIONER(S)' ANNEXURES :
ANNEXURE A1 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO.408/2009
OF PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA DISTRICT
NOW PENDING AS CC.NO 231/2009 ON THE FILE OF CHIEF JUDICIAL
MAGISTRATE COURT, PATHANAMTHITTA.
ANNEXURE A2 THE TRUE COPY OF THE NOTICE ISSUED UNDER
SECTION 82 OF THE CRIMINAL PROCEDURE CODE BY
LEARNED CJM, PATHANAMTHITTA.
ANNEXURE A3 THE TRUE COPY OF THE MEDICAL CERTIFICATE OF THE
PETITIONER.
ANNEXURE A4 THE TRUE COPY OF THE DISCHARGE SUMMERY OF THE
PETITIONER.
ANNEXURE A5 THE TRUE COPY OF THE JUDGMENT DATED 21/11/2013 IN
COMPANY PETITION NO.41/2009.
ANNEXURE A6 THE TRUE COPY OF THE FIR IN CRIME NO.408/2009 OF
PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA DISTRICT.
RESPONDENT(S)' ANNEXURES :
NIL
//TRUE COPY//
P.S.TO JUDGE
Msd.
B.KEMAL PASHA, J.
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Crl.M.C.No.4804 of 2016
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Dated this the 9th day of January, 2018
O R D E R
Petitioner is the 4th accused in C.C.No.231 of 2009 of the Chief Judicial Magistrate's Court, Pathanamthitta, based on Annexure-A1 Final Report in Crime No.408 of 2009 of the Pathanamthitta Police Station, for the offences under Sections 420 IPC read with Section 34 IPC.
2. The prosecution case is that A1 and A2, who were one of the Directors and Manager of the Company, named Business India Group, had induced several members of the Public and amassed huge amounts from them by way of deposits, by offering exorbitant interests. Induced by the attractive offer forwarded by the Company, they fell as fireflies and sustained huge financial loss. More than 69 lakhs of Rupees was collected by the Directors of the Company.
3. Even though the name of the petitioner was not there in the First Information Statement, the investigation revealed that the petitioner was also one of the Directors of the Crl.M.C.No.4804 of 2016 2 Company.
4. On hearing the learned counsel for the petitioner, this Court is satisfied that the matters presently argued by the learned counsel for the petitioner are not matters that can be considered at this stage. Those matters pertain to the merits of the case and the same can only be considered by the court below at appropriate stage. In case, the stage under Section 239 Cr.P.C. is not over the petitioner can approach the court below with the said arguments. If that stage is over, the petitioner can take up all those contentions during trial. What ever it is, this is not a fit case to have a premature termination under Section 482 Cr.P.C.
In the result, this Crl.M.C is dismissed. The petitioner is at liberty to take up these contentions as aforesaid. As far as practicable, considering the old age of the petitioner, the court below shall grant exemption to the petitioner from personal appearance.
Sd/-B.KEMAL PASHA JUDGE DSV/10/1/18 // True Copy // P.A.To Judge