IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 Crl.MC.No. 1128 of 2011() --------------------------------------- CMP.11956/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, KARUNAGAPPALLY. CRIME NO.883/2009 OF KARUNAGAPPALLY POLICE STATION, KOLLAM DIST. .................... PETITIONER(S): PETITIONER ------------------------------------------ LEO,S/O.JOHNY,VALLACHIRAKKARA HOUSE, MARIAPURAM,ANCHERI.P.O,THRISSUR DISTRICT. BY ADV. SRI.JIJO PAUL RESPONDENT(S): RESPONDENT ----------------------------------------------- STATE OF KERALA,REP.BY CIRCLE INSPECTOR OF POLICE,KARUNAGAPPALLY THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1128 of 2011 ==================================== Dated this the 07th day of April, 2011 O R D E R Petitioner is C.W.5 in Crime No.883 of 2009 of Karunagappally Police Station and claim petitioner in C.M.P. No.15783 of 2009 of the court of learned Judicial First Class Magistrate, Karunagappally. Crime No.883 of 2009 involved offences punishable under Sections 395, 120, 109 and 414 of the Indian Penal Code. In the course of investigation police produced the currency notes for `4,80,000/- before the learned Magistrate. Petitioner filed CM.P. No.15783 of 2009 for interim custody of the currency notes. That petition was allowed subject to conditions including that petitioner shall produce the currency notes before court as and when required. While so petitioner got a notice (Annexure-C) dated 12.01.2011 directing him to produce the currency notes before that court on or before 10.02.2011. That notice is under challenge. Learned counsel contends that it is without passing any judicial order that the notice is issued to the petitioner. Learned Public Prosecutor submitted that it is based on reports submitted by the Circle Inspectors of Kanjirappally and Cherpu that the currency involved in Crime No.883 of 2009 of CRL.M.C. No. 1128 of 2011 -: 2 :- Karunagappally Police Station is involved in the said cases also that learned Magistrate issued Annexure-C, notice. 2. In the light of the submissions made by learned counsel a report was called from the learned Magistrate through the Registrar (Judicial). It is reported that the currency notes were given in the custody of petitioner subject to conditions. The report does not show that learned Magistrate has passed a judicial order directing petitioner to return the currency notes. If reports have been submitted by the Circle Inspectors of Kanjirappally and Cherpu requesting that the currency notes are required for investigation of the crime cases mentioned in their reports, learned Magistrate ought to have passed a judicial order after consideration of the reports. Now there is only a notice issued to the petitioner. Hence I am inclined to interfere but without expressing any opinion on the question whether currency notes are to be given to the Circle Inspectors of Kanjirappally and Cherpu as requested by them. Resultantly, this Criminal Miscellaneous Case is allowed. Annexure-C, notice is set aside. Learned Judicial First Class Magistrate, Karunagappaly is directed to consider the reports submitted by the Circle Inspectors of Kanjirappally and Cherppu CRL.M.C. No. 1128 of 2011 -: 3 :- and pass a judicial order on the request. In case the request is allowed it shall be followed by a notice to the petitioner to produce the currency notes before learned Magistrate. THOMAS P. JOSEPH, JUDGE. vsv