Ajayan vs State Of Kerala
2022 Latest Caselaw 5474 Ker

Crl.M.C.No.2864/2022                1


              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                       CRL.MC NO. 2864 OF 2022
CRIME NO.686/2010 OF Alappuzha South Police Station, Alappuzha
      AGAINST THE ORDER/JUDGMENT IN CC 382/2011 OF JUDICIAL
               MAGISTRATE OF FIRST CLASS -I, ALAPPUZHA
PETITIONER/ACCUSED NO.1:

             AJAYAN,
             AGED 40 YEARS,
             S/O.RAVEENDRAN A.K.,
             ERAVUKAD VELI, ERAVAKAD WARD,
             THIRUVAMPADY P.O., ALAPPUZHA ., PIN - 688 002.

             BY ADVS.
             BIJU VIGNESWAR
             B.PRAMOD
             ASWATHI SURESH



RESPONDENT/COMPLAINANT:

     1       STATE OF KERALA,
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, PIN - 682 031.

     2       THE STATION HOUSE OFFICER,
             ALAPPUZHA SOUTH POLICE STATION,
             ALAPPUZHA., PIN - 688 001.

             BY SRI.NOUSHAD K.A, PUBLIC PROSECUTOR


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.2864/2022                 2


                              ORDER

The petitioner, who is the 1st accused in C.C.No.382 of 2021

on the file of the Judicial First Class Magistrate-I, Alappuzha has

filed this Crl.M.C. praying for a direction to the 2 nd respondent to

issue proper instructions to the Union Bank of India to de-freeze the

petitioner's account bearing No.1647010000781.

2. The petitioner faced trial in the aforesaid Calendar Case

for the offences punishable under Section 17 of the Kerala Money

Lenders Act and it culminated in Annexure-A2 judgment passed by

the Judicial First Class Magistrate Court-I, Alappuzha by which he

was found not guilty.

3. It is pointed out that during the course of investigation

the bank account of the petitioner was frozen by the 2 nd respondent,

which is even now subsisting despite the fact that the petitioner

was found not guilty for the offences alleged against him. This

Crl.M.C. is filed in such circumstances.

4. Heard both sides. It is evident from the records that, the

petitioner was found not guilty and therefore acquitted by the trial

court as early as on 28.02.2014. According to him even now the

order of freezing of the account is subsisting. I am of the view that,

this is a grievance which can be taken up by the petitioner before

the trial court.

In such circumstances, this Crl.M.C. is disposed of granting

liberty to the petitioner to file a proper petition before the trial

court along with relevant documents and seeking the aforesaid

relief. If any such application is submitted by the petitioner in this

regard, the same shall be considered by the trial court and orders

shall be passed in accordance with law after hearing the 2 nd

respondent.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE DG/21.5.22

APPENDIX OF CRL.MC 2864/2022

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF THE CHARGE SHEET SUBMITTED THE CRIME NO. 686/2010 OF ALAPPUZHA SOUTH POLICE STATION.

Annexure A2 TRUE COPY OF THE JUDGMENT OF ACQUITTAL DATED 28.02.2014 IN C. C. NO. 382/2011 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT- I, ALAPPUZHA.