IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 Crl.MC.No. 537 of 2009() --------------------------------- CMP.4629/2008 of CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD .................... PETITIONER/ACCUSED -------------------------------- ANANDA @ SADANANDA, AGED 34 YEARS, S/O APPANNA, R/AT.MAILATI, RAJEEVA GANDHI COLONY, THEKKIL VILLAGE, KASARAGOD DISTRICT. BY ADV. MR.K.P.HARISH RESPONDENTS/COMPLAINANT -------------------------------------------- 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CRIME NO.669 OF 2008 OF KASARAGOD POLICE STATION), KASARAGOD DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR MR.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 537 of 2009 ORDER ON CRL. MA. NO.720/2009 IN CRL. MC. NO.537/2009 CLOSED 26/03/2009. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.A. TO JUDGE Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 537 OF 2009 = = = = = = = = = = = = = = = Dated this the 26th day of March, 2009. O R D E R This petition is filed with a prayer to set aside the order dated 3.1.2009 in C.M.P.No.4629/08 of Chief Judicial Magistrate Court, Kasaragod and for release of the amount of Rs.3,01,900/-. It is the case of the prosecution that when a search was conducted certain documents and a sum of Rs.3,01,900/- was recovered from the house of the present petitioner and therefore an offence has been registered under Section 17 of the Money Lenders Act. An application was filed by the present revision petitioner for the release of the amount on the ground that he had entered into an agreement for purchase of the property and for the said purpose had bid a kuri and had received an amount of Rs.2,29,888/- from the Gokulam Chit Company. The said amount was paid on 26.9.2008 and the present search was made on 27.9.2008. The other document is the agreement. That agreement is with respect to the purchase of some Crl.M.C. 537 OF 2009 -:2:- property from one Rathnakaran for a consideration of Rs.17,500/- per cent and an advance has been paid as Rs.25,000/-. So the petitioner wants to project that he had withdrawn the money from the kuri and wanted to utilize it for the purchase of the property which is evidenced by an agreement to sell. 2. On the contra the case of the prosecution is to the effect that he is a money lender without licence and he is in the habit of squeezing people and the search has proved that he has got so many documents to establish that he is running such a money lending business without authority. I am not prepared to go into the merits or demerits of the contentions raised by both sides but now the money is lying with the Court. If that money belongs to somebody certainly the petitioner herein is answerable for the same. It may take a process of time. There is prima facie some document to establish that an amount of Rs.2,29,888/- has been received by him from the chit company on the previous date to the alleged search and seizure. So there is no point in Crl.M.C. 537 OF 2009 -:3:- retaining the money with the Court as such. Therefore I am inclined to allow the prayer, i.e. to release the amount in favour of the petitioner but with a condition that he should furnish security for the said amount so that ultimately if that amount is to be realised it can be realised from the said security. So with this direction the Crl.M.C. is disposed of. The nature of security is a matter to be decided by the Court where the matter is pending. M.N. KRISHNAN, JUDGE. ul/-