IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 Crl.MC.No. 636 of 2010() ------------------------ CMP.6860/2009 of JUDL.MAGISTRATE OF FIRST CLASS, MAVELIKKARA .................... PETITIONER(S): ACCUSED ------------------------------------------ M.A.AKBAR, AGED 28 YEARS, EDAKKUNNAM MADATHIL, PARATHODU, KANJIRAPPALLY, KOTTAYAM NOW RESIDING AT 37/48, MUNICIPALITY LANE, UPPER BAZAR OOTTY MUNCIPALITY, NILAGIRI, TAMIL NADU. BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S): RESPONDENT ---------------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.636 of 2010 = = = = = = = = = = = = = = Dated this the 25 th day of May, 2010 ORDER Petitioner who is the accused in Crime No.486 of 2009 of Mavelikkara Police Station, now pending as C.C.No.866 of 2009 on the file of the J.F.C.M-I, Mavelikkara, challenges Annexure I order dated 25.11.2009, as per which the learned Magistrate has dismissed his application filed as C.M.P.No.6860 of 2009 for interim custody, under Section 451 Cr.P.C, of the currency notes totaling to Rs.10240/- allegedly seized from the accused. 2. The learned Public Prosecutor on instructions submitted that the currency notes are admittedly belonging to the accused and the same does not form the subject matter of the offence. 3. I see no reason why the currency notes should not be returned to the accused on interim custody in accordance with the ratio of the Apex Court in Sunderbai Ambalal Desai v.State of Gujarat (SC 2003(2) KLT 1089). The learned Magistrate shall release the currency notes to the petitioner accused. This Crl.M.C is allowed as above. Dated this the 25th day of May, 2010. V. RAMKUMAR, JUDGE sj