Releasing an employee from jail in case of employer's waiver

Hi Rajasree,

An ex-employee of a car-washing company made a duplicate of the key of the company when he was working there. He gave the key to 2 other persons who opened the company and stole the engine oil.

Now they are in jail. The owner withdrew the case. The value of the stolen oil was paid by the ex-employee. The ex-employee admitted to the police that he helped for stealing the company.

1. Can we release him from jail?

2. Should he get deported or fined?