IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 14TH NOVEMBER 2007 / 23RD KARTHIKA 1929 Crl.MC.No. 3421 of 2007() ------------------------- CMP.3618/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM .................... PETITIONER: PETITITONER ----------------------- THE COCHIN CLEARING HOUSE PLOT NO. 54 BRISTOW ROAD, COCHIN 682003 REP. BY ONE OF ITS PRINCIPLE OFFICER ASSISTANT MANAGER NAD LETTER OF AUTHORITY HOLDER M.R.JOSHY. BY ADV. SRI.BLAZE K.JOSE RESPONDENT: RESPONDENT: ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, REPRESENTING THE SUB INSEPCTR OF POLICE HARBOUR POLICE STATION, KOCHI CITY. BY P.P.SRI.P. RAVEENDRA BABU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/11/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J = = = = = = = = = = = = = Crl.M.C.No. 3421 of 2007 = = = = = = = = = = = = = = Dated this the 14th day of November, 2007 ORDER Petitioner is the de facto complainant in a crime registered for offences punishable, inter alia, under Section 380 IPC. The crime relates to theft of coffee beans and coffee powder belonging to the petitioner in a container. Crime was registered. Investigation was conducted. The alleged stolen articles were seized by the Police in the course of the investigation. Seizure was reported to the Court. The petitioner filed an application for release. The Police did not raise any objection. The learned Magistrate directed release of the articles to the petitioner subject to conditions. The petitioner is aggrieved by the condition imposed by the learned Magistrate that the petitioner must either ”deposit Rs.5 lakhs or produce bank guarantee for the said amount”. 2. The learned counsel for the petitioner submits that there is absolutely no necessity for imposing such an onerous condition. The article is stolen from the petitioner's possession. No one has any dispute on that aspect. The stolen article was Crl.M.C.No. 3421 of 2007 2 recovered by the Police in the course of investigation. No other claimant is also in the Court. In these circumstances, insistence of such onerous condition of depositing Rs.5 lakhs or producing bank guarantee for the said amount may be altered, it is submitted. 3. Notice was given to the learned Public Prosecutor . The learned Public Prosecutor does not raise any objection. In these circumstances, I am satisfied that it is not necessary to rigidly insist on deposit of 5 lakh or production of bank guarantee for the said amount. It is sufficient that the petitioner executes a bond for Rs.5 lakhs with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate . 4. This Crl.M.C is accordingly allowed. The condition imposed in the impugned order shall stand modified to the above extent. The condition that sufficient quantity of the article must be taken as sample for identification at the time of trial shall, needless to say, continue. (R.BASANT, JUDGE) sj