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2013 DIGILAW 468 (KER)

SASIKUMAR v. STATE OF KERALA

2013-06-11

V.K.MOHANAN

body2013
ORDER : V.K. MOHANAN, J. 1. The petitioner, who is the sole accused in Crime No. 338 of 2013 of the East Police Station, Kollam, preferred the above Crl MC challenging Annexure E order by which the learned Magistrate declined his request for the interim custody of the thondi articles seized from the house of the accused connected with the above crime. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. 2. The allegation against the accused including the petitioner is that they have committed the offence u/s 420 of IPC and Sections 11(b), 13 and 17 of the Kerala Money Lenders Act Accordingly, Crime No. 338 of 2013 referred above was registered and towards the investigation of the above crime, a search was conducted in the house of the petitioner and accordingly, as per Annexure C, certain articles were seized from the house of the petitioner including a sum of Rs. 5,21,700/-. The prayer of the petitioner is for the interim custody of the above cash amount, which is kept in the Trial Court. Having regard to the facts and circumstances involved in the case and especially when the Police do not want to establish the identity of those currencies, as submitted by the learned Public Prosecutor, which are one of the seized properties, according to me, the said currencies amounting to Rs. 5,21,700/- can be ordered to be released to the petitioner u/s 451 of the Cr.P.C. by imposing appropriate conditions. In the result, Annexure E order in CMP No. 2473 of 2013 on the file of the Court of the Chief Judicial Magistrate, Kollam is quashed and the said petition is allowed and the learned Magistrate is directed to release the currencies, which amount to Rs. 5,21,700/- to the petitioner as interim custody on the following conditions: 1. The petitioner shall execute a bond for an amount of Rs. 6 lakhs with two solvent sureties for the like amount to the satisfaction of the Court below, undertaking to produce the said amount. 2. The petitioner shall furnish bank guarantee from a nationalised bank for an amount of Rs. 5,21,700/- to the satisfaction of the Trial Court. 3. The petitioner shall execute a bond for an amount of Rs. 6 lakhs with two solvent sureties for the like amount to the satisfaction of the Court below, undertaking to produce the said amount. 2. The petitioner shall furnish bank guarantee from a nationalised bank for an amount of Rs. 5,21,700/- to the satisfaction of the Trial Court. 3. The petitioner shall file an affidavit before the Court below undertaking that he will re-deposit the amount before the Court below as and when required by the Court The Trial Court is directed to prepare an inventory with respect to the currencies seized as per Annexure C produced before this Court, before releasing of the same.