IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 Crl.MC.No. 910 of 2009() -------------------------------- (C.M.P. 2323/2008 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ERATTUPETTA IN CRIME NO. 321/2007 OF ERATTUPETTA POLICE STATION) PETITIONER: ------------------ SIJO, S/O.JOSE, CHAMAKALAYIL HOUSE, VALAYAM, PADINJATTINKARA, PULIYANNOOR VILLAGE. BY ADV. MR.P.M.ZIRAJ RESPONDENT: -------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA, ERNAKULAM, REP. BY SUB INSPECTOR OF POLICE, ERATTUPETTA POLICE STATION. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 910 OF 2009 --------------------------------- Dated this the 6th day of March, 2009 O R D E R This petition is filed with a prayer to delete the condition in Annexure-I order so as to deposit of cash amount of Rs. 23,000/- to release the gold ornaments. A perusal of the order would reveal that the petitioner herein is the 7th accused in the case and facing allegation of offences under Section 450, 384, 385, 363, 367 r/w 34, 395 and 114 of the IPC. The chain in question was recovered from the 7th accused. The prosecution case is that the gold chain had been purchased by the 7th accused in exchange to another gold chain robbed by the accused from the defacto complainant. The court felt that since the chain which is seized is admittedly not the chain stolen the court wanted to safeguard by directing deposit of the amount till an ultimate decision in the case has taken. I do not find that the said approach is erroneous. But after hearing the learned counsel, I am inclined to reduce the amount to be deposited as cash security at Rs. 20,000/- instead of Rs. 23,000/-. With this modification, the Crl.M.C is disposed of. M.N. KRISHNAN, JUDGE vkm