IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 Crl.MC.No. 823 of 2011() ----------------------------- (CRIME NO.108/2011 OF PANANGAD POLICE STATION) ........ PETITIONER(S): ACCUSED: ------------------------------- C.S.SHAJI KUMAR, SON OF SHANMUGAN, AGED 34 YEARS, CHETTIPARAMBIL HOUSE, THYKOODAM, VYTTILA P.O., KOCHI-682 019 AT POONITHURA VILLAGE AT KANAYANNOOR TALUK, ERNAKULAM DISTRICT. BY ADVS. SRI.C.VATHSALAN SRI.P.M.SAJI RESPONDENT(S): COMPLAINANT: --------------------------------------- STATE OF KERALA BY STATION HOUSE OFFICER, PANANGAD POLICE STATION, PANANGAD, ERNAKULAM DISTRICT REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.823 of 2011 ==================================== Dated this the 21st day of March, 2011 O R D E R Petitioner is accused in Crime No.108 of 2011 of Panangad Police Station for offences punishable under Sections 406, 420 and 506(i) of the Indian Penal Code and Section 13 of the Kerala Money Lenders Act. Petitioner had approached this Court by filing Crl.M.C. No.376 of 2011 challenging the order passed by the Additional Chief Judicial Magistrate, Ernakulam on February 03, 2009 on Crl.M.P. No.126 of 2011 where petitioner requested that the material seized and produced by the police may be released to him. This Court disposed of the petition by order dated February, 16, 2011. It was directed, in the light of the decision in Sunderbhai Ambalal Desai v. State of Gujrat (AIR 2003 SC 638) that that articles be released to the petitioner subject to the conditions and directions stated therein. So far as cash deposit is concerned it was directed that petitioner shall produce attested photographs of the currency notes, mention in the affidavit to be filed before learned Additional Chief Judicial CRL.M.C. No.823 of 2011 -: 2 :- Magistrate that its identity will not be disputed at the time of trial and thereon the cash shall be deposited in the Treasury or other Nationalised Bank in the name of the court below for appropriate period as may be fixed by the court below. Accordingly petitioner approached the Additional Chief Judicial Magistrate but he was told that since the amount has already been deposited in the criminal court deposit in the Treasury photocopy of currency notes could not be taken. Hence this petition seeking a direction to release the amount in deposit in the Treasury. I have heard learned Public Prosecutor also. Learned Public Prosecutor submitted that mahazar prepared by the police for seizure does not mention serial number of the currency notes seized. 2. Since the cash seized has already been deposited in the Treasury the very same currency notes cannot be got back. In such a situation there is no reason why the amount shall not be released to the petitioner. But it has to be subject to conditions. Resultantly, Criminal Miscellaneous Case is allowed. Learned Additional Chief Judicial Magistrate, Ernakulam is directed to release the cash seized from petitioner and lying in criminal court deposit subject to the following conditions: CRL.M.C. No.823 of 2011 -: 3 :- (i) Petitioner shall produce Bank Guarantee for the entire amount in deposit for such period as the learned Additional Chief Judicial Magistrate may direct and with provision for its renewal for further period as circumstances warranted. (ii) Petitioner shall execute bond undertaking to produce the amount as and when directed by the learned Additional Chief Judicial Magistrate and in case of non-production agreeing that the amount can be released from the Bank Guarantee. THOMAS P. JOSEPH, JUDGE. vsv