Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.K.MOHANAN THURSDAY, THE 25TH DAY OF JULY 2013 3RD SRAVANA, 1935 Crl.MC.No. 3088 of 2013 --------------------------- AGAINST THE ORDER/JUDGMENT IN CRL.MP NO.6997/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -III, PUNALUR DATED 04 07-2013. .... CRIME NO. 778/2013 OF PATHANAPURAM POLICE STATION , KOLLAM ... PETITIONER(S)/ACCUSED: ------------------------------------------ M.I.RAHIM, AGED 5 YEARS, S/O.IBRAHIM RAWTHER, MURUNGAMMOOTTIL HOUSE, EDATHARA THETTIKUZHI JN., PATHIRICKAL MURI, PATHANAPURAM VILLAGE. BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRA KRISHNAN RESPONDENT(S)/COMPLAINANT/STATE: ------------------------------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031(CRIME NO.778/2013 OF PATHANAPURAM POLICE STATION). BY PUBLIC PROSECUTOR SMT. S. HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25-07-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss Crl.MC.No. 3088 of 2013 ----------------------------------- APPENDIX PETITIONER(S)' ANNEXURES: --------------------------------------------- ANNEXURE-I COPY OF THE INCOME TAX RETURN VERIFICATION FORM SUBMITTED BY THE PETITIONER. ANNEXURE-II COPY OF THE BALANCE SHEET SUBMITTED BY THE PETITIONER. ANNEXURE-III COPY OF THE ORDER DATED 04 07.2013 IN CRL.M.P.6997/13 IN CRIME NO.778/2013 OF PATHANAPURAM POLICE STATION PASSED BY THE JUDICIAL MAGISTRATE OF FIRST CLASS III, PUNALUR. RESPONDENT(S)' ANNEXURES: ----------------------------------------------- N I L /TRUE COPY/ P.A.TO JUDGE Kss V.K.MOHANAN, J.
------------------------------------------ Crl.M.C.No.3088 of 2013 ------------------------------------------- Dated this the 25th day of July, 2013 ORDER The petitioner herein is the sole accused in Crime No.778 of 2013 of Pathanapuram Police Station, which is a case registered alleging offences punishable under Sections 3 & 4 r/w 17 of Money Lenders Amended Act, 1986 and under Sections 420 & 468 of IPC. He preferred a petition under Section 451 of Cr.P.C. as Crl.M.P.No.6997 of 2013 before the Judicial First Class Magistrate Court-III, Punalur with a prayer to release cash of `2,52,830/- which seized from him as interim custody. But the learned Magistrate rejected his claim holding that the petitioner did not adduce evidence with regard to the source of money and no proper document was also produced. It is against the said order, the petitioner preferred the M.C. under Section 482 of Cr.P.C. with a prayer to quash the said order of the court below and for a further direction, directing the court below to release the amount seized from the petitioner, to him by way of interim measure. Crl.M.C.No.3088 of 2013 :-2-:
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. Having regard to the facts and circumstances involved in the case, according to me, towards the proper trial, the identity of the currency of `2,52,830/- which is the property involved in the above case, may not be necessary and therefore instead of keeping the same in the custody it can be ordered to be released to the petitioner on appropriate directions and conditions. In the result, this Crl.M.C. is disposed of setting aside Annexure-III order and directing the court of Judicial First Class Magistrate-III, Punalur to release cash of `2,52,830/- to the petitioner as an interim measure, after preparing an inventory, if the same is not already furnished by the police, on executing a bond for `3,00,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate and on further condition the petitioner furnishing a valid bank guarantee, from a nationalised bank for an amount of `2,75,000/-, for a period of three years approximately and if Crl.M.C.No.3088 of 2013 :-3-: the trial is not completed in the meanwhile, the petitioner is bound and shall to renew the same. The petitioner is also directed to file an affidavit stating that he will not dispute the seizure of the above cash and the inventory in terms of this order, at the time of the trial and on further undertaking to produce the cash as and when required by the court below. V.K.MOHANAN, JUDGE skj True copy P.A. to Judge