IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 Crl.MC.No. 2556 of 2009 ------------------------------- CRIME NO. 115/2009 OF VILAPPILSALA POLICE STATION CMP.1168/2009 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE,KATTAKADA ................................................ PETITIONER(S): PETITIONER/ACCUSED --------------------------------------------------------- MANIKANTAN NAIR, S/O.SUKUMARAN NAIR, ANANDA BHAVAN, VILAPPIL PALIYODE, PUNNATHANAMURY, VILAPPIL VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. RESPONDENT(S): STATE ------------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2556 OF 2009 ------------------------------------------ Dated 14th August 2009 O R D E R This petition is filed under Section 482 of Code of Criminal Procedure to quash the condition in Annexure-B order passed by Judicial First Class Magistrate, Kattakada directing petitioner to produce fixed deposit of Rs.50,000/- for interim custody of the articles seized by the police in crime No.115/2009 of Vilappilsala police station. Learned counsel appearing for petitioner submitted that interim custody granted are one Kirloskar pump set and its accessories and another pump set and Rs.50,000/- directed to be deposited is highly excessive and in such circumstances, the said condition is to be modified. 2. On going through Annexure-B order, it is seen that Magistrate has not given any reason for fixing Rs.50,000/- as the amount to be deposited to get interim custody of the articles. There is force in the submission of the learned counsel appearing for CRMC 2556/09 2 petitioner that the deposit can only be proportionate to the value of the articles to be entrusted. As learned Magistrate did not fix the value and arbitrarily fixed Rs.50,000/- to be deposited Annexure-B order to the extent of directing to deposit Rs.50,000/- is quashed. Learned Magistrate is directed to re-fix the amount after hearing the petitioner and Public Prosecutor considering the value of the articles entrusted. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.