IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 Crl.MC.No. 1959 of 2009() ----------------------------------- CRMP.48/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD .................... PETITIONER(S): --------------------- MARUTHIBABU RAO JADHAV @ SETTU, PROPRIETOR,DHANALAKSHMI SILVER REFINERY, SANTHAPURAM LODGE, CALICUT ROAD, PERINTHALMANNA, MALAPPURAM. BY ADV. MR.MANSOOR.B.H. RESPONDENT/COMPLAINANT ------------------------------------------- STATION HOUSE OFFICER (CRIME.NO.31/2008) RAILWAY POLICE STATION, PALAKKAD REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.1959 of 2009 -------------------------- ORDER Petitioner filed Crl.M.P.No.48/2009 before Judicial First Class Magistrate's Court-III, Palakkad for interim custody of the gold bars seized by the Sub Inspector of Police, Railway Police Station and registered as Crime No.31/2008 and produced it before the Magistrate. Under Annexure-I order, Magistrate granted interim custody of the gold bars to the petitioner on furnishing bank guarantee for Rs.25 lakhs. This petition is filed under Section 482 of Code of Criminal Procedure to quash the direction to furnish bank guarantee contending that the gold belongs to the petitioner and was stolen and was seized by the police and produced before the court and therefore, petitioner is entitled to interim custody and the condition to produce bank guarantee is harsh. CRMC 1959/09 2 2. There is no other claimant for the gold seized and produced by the police in Crime No. 31/2008. In fact, there is no dispute with regard to the ownership of the gold involved. In such circumstances, learned Magistrate was not justified in directing the petitioner to furnish bank guarantee. Instead, petitioner could have been directed to produce the solvency certificates of the sureties. Petition is allowed. Annexure-I order passed by the Judicial First Class Magistrate-III, Palakkad in Crl.M.P.No.48/2009 is modified to the extent of deleting the direction to deposit bank guarantee for Rs.25 lakhs and instead, petitioner is directed to execute a bond for Rs.40 lakhs with two solvent sureties each for the like sum, making it clear that sureties shall produce solvency certificates. 9th July, 2009 (M.Sasidharan Nambiar, Judge) tkv