IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 Crl.MC.No. 1571 of 2008() ------------------------- CMP.867/2005 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM CRIME NO.367/04 OF E.T. SOUTH POLICE STATION. .................... PETITIONER: ------------ DANAVAN DANASEELAN,S/O.RAJAPPAN, AGED 52 YEARS, PARAMBATHERIL HOUSE, KATTATHURUTHU MURI MOOTHAKUNNAM, PARAVUR BY ADV. SRI.K.R.VINOD RESPONDENTS: ------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: \ R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 1571 of 2008 ------------------------------------------------- Dated this the 8th day of July, 2008 ORDER The petitioner is the 1st accused in a prosecution for offences punishable, inter alia, under Secs.379 and 468 of the IPC. Altogether, there are 3 accused persons. The crux of the allegations is that the petitioner thieved two cheque leaves; forged the same and utilised those two cheque leaves to clandestinely withdraw an amount of Rs.6 lakhs from the bank account of the de facto complainant. The money so released was allegedly used by him to discharge the liability which he had for repayment of money in respect of a car. That car was seized by the police. The petitioner applied for release of the said car. The learned Additional Chief Judicial Magistrate, Ernakulam, by the impugned order dated 4/4/05 directed release of the vehicle to the petitioner subject to conditions. Crl.M.C. No. 1571 of 2008 -: 2 :- Inter alia, it was directed that the petitioner must execute a bond for Rs.6 lakhs with two solvent sureties each for the like sum and must further produce a bank guarantee of Rs.3 lakhs. The petitioner has satisfied the conditions. The vehicle has been released to the petitioner. 2. The petitioner has now come before this Court with this petition to pray that such condition that the bank guarantee must be furnished may be deleted now. The petitioner has been keeping the bank guarantee live for the past more than three years. In these circumstances, the petitioner prays that the said condition may be deleted. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor submits that the final report has already been filed and that the matter has reached the fag end of the proceedings now. At the present juncture, the condition may not be deleted and the petitioner may be directed to wait till the proceedings are over, submits the learned Public Prosecutor. 4. A report of the learned Magistrate was called for. The learned Magistrate reports that though the final report has already been filed, there was a prayer to send certain disputed documents to the handwriting expert. The same has already been sent. The report is awaited. In the normal course, at least, two years time will be taken up to secure the report. In these Crl.M.C. No. 1571 of 2008 -: 3 :- circumstances, an early disposal of the case is not possible, reports the learned Magistrate. 5. I have considered all the relevant circumstances. I have also considered the request of the learned counsel for the petitioner. Having considered all the relevant circumstances, I am satisfied that the condition imposed on the petitioner which has remained for the past more than three years can now be modified though the condition that the bank guarantee shall be given need not be deleted altogether now. 6. In the result: (a) This Crl.M.C. is allowed in part. (b) The direction in the impugned order dated 4/4/05 that the petitioner must produce the bank guarantee shall stand deleted on condition that the petitioner produces title deeds of the property belonging to him worth Rs.3 lakhs before the learned Magistrate along with the requisite undertaking that in the event of breach of the conditions of the bond, claim can be enforced against the said property. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S.to Judge