IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 Crl.Rev.Pet.No. 1848 of 2010() ------------------------------ CMP.600/2010 of JUDL.MAGISTRATE OF FIRST CLASS-I, MUVATTUPUZHA .................... REVN. PETITIONER(S) : -------------------------------- THEJAL K.MOHAN, KUNNEL HOUSE, RAMANGALAM KARA, MUVATTUPUZHA. BY ADV. SRI.P.V.ELIAS RESPONDENT(S)/RESPONDENT :- ---------------------------------------------- STATE OF KERALA, REPRERSENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt V.K.MOHANAN, J. ----------------------------- Crl.R.P.No.1848 of 2010 --------------------------------- Dated this the 23rd day of June 2010 O R D E R The 1st accused in crime No.548/2010 of Muvattupuzha Police Station is the revision petitioner as he is aggrieved by the order dated 24.5.2010 in CMP No.600/2010 of the Judicial First Class Magistrate Court-I, Muvattupuzha, dismissing his request for releasing of certain articles mentioned in the above petition. 2. The above crime was registered against the accused, including the petitioner for the offence under Sec.406, 409, 420, 467, 471 r/w Sec.34 of IPC. The allegation is that the de facto complainant entrusted with the petitioner/1st accused altogether a sum of Rs.33,71,000/- for depositing in the ING Vysya Bank, Thodupuzha Branch which was misappropriated and made the de facto complainant believed that he had deposited the said amount and for cheating and misappropriation the accused made forged receipt by using computer and scanner. The seizure Crl.R.P.No.1848 of 2010 : 2 : of the articles, in the above crime reported to the learned Magistrate and thus, the petitioner filed the above application with a request that the articles mentioned in the petition be released to the revision petitioner, upon kaychit. 3. After hearing, the learned Magistrate observed that the releasing of the articles would not be in the interest of justice and hence the prayer was declined. 4. The learned counsel for the petitioner submitted that the observation made by the Magistrate that the computer and scanner used for the purpose of crime also ought to be released to the petitioner is not correct and also submitted that the article mentioned in his petition has nothing to do with the offence and allegations raised against the petitioner. 5. The learned Public Prosecutor on instructions submitted that the petitioner has misappropriated a sum of Rs.33,71,000/- and those articles were purchased out of proceeds of the said crime. Crl.R.P.No.1848 of 2010 : 3 : 6. I have carefully considered the submissions made by the learned counsel as well as the learned Public Prosecutor. 7. The learned counsel for the petitioner made available to me a copy of the petition filed before the trial court in which the list of items sought to be released and the scanner and computer are not included. Prima facie, it appears that other items mentioned in the petition are no way connected with the offence alleged against the petitioner. Under the above circumstances I am of the view that this revision petition can be disposed of with a direction to release item Nos.1, 2, 4 and 5 and the vehicle mentioned in the petition, to the petitioner on appropriate conditions. In the result, this revision petition is disposed of directing the Judicial First Class Magistrate-I, Muvattupuzha to release the articles namely; item Nos.1, 2, 4 and 5 to the petitioner on his executing a bond to the Crl.R.P.No.1848 of 2010 : 4 : satisfaction of the court below for an amount equal to the approximate price of the above properties which will be fixed by the learned Magistrate. It is also ordered that the light vehicle car (Hundai-Lio Car) having Reg.No.KL-17F- 7979 also shall be released to the petitioner on his executing a bond for an amount equal to the approximate price of the said car which will also be fixed by the learned Magistrate and on further condition that the petitioner shall produce all the above articles in the Court as and when required and also on condition that these articles shall not be transferred or alienated to any person and the petitioner shall kept these articles intact without making any alternation or change in color etc. Revision petition is disposed of accordingly. V.K.MOHANAN, JUDGE. Jvt