HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1935 of 2011 ORDER: This Criminal Petition is filed by the petitioner with a payer to direct the Judicial Magistrate of First Class, Vayalpad, Chittoor District, to return the seized cash in connection with Crime No.110 of 2010 on the file of Vayalpad P.S., Chittoor District. Facts in brief are that basing on the complaint of the defacto complainant, clerk of the petitioner herein, against the accused stating that the accused robbed cash of Rs.11,66,822/- from him, the Station House Officer, Vayalpad P.S., registered Crime No.110 of 2010 against the accused under Section 397 IPC and 25(1)(A) of the Arms Act. During the course of investigation the police had seized the robbed property from the possession of the accused and when the cash was produced before the Court, the learned Magistrate directed the Investigating Agency to deposit the seized cash in a bank and place the bond before the Court. Learned counsel for the petitioner submitted that the petitioner is doing business in Palmolive oil and the seized cash belongs to him and as it is a huge property in form of cash, it is very essential in day-to-day affairs of the business of the petitioner. He further submitted that the petitioner has no other source of income to lead his family except running the business and because of seizure of the cash, the petitioner is facing lot of business constraints due to lack of working capital. He further submitted that the petitioner is ready to furnish security and also to abide by any conditions that may be imposed by the Court. Having considered the submissions of the learned counsel and in the facts and circumstances of the case, the Judicial Magistrate of First Class, Vayalpad, is hereby directed to return the seized cash, which was robbed from the petitioner’s clerk who is defacto complainant in this case, to the petitioner herein on execution of bond for a sum of Rs.2,00,000/- (Rupees Two lakh only) to his satisfaction. Accordingly, the Criminal Petition is allowed. __________________ RAJA ELANGO, J 29th March, 2011 CBS HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1935 of 2011 (Allowed) 29th March, 2011 CBS