IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 Crl.MC.No. 3270 of 2011 -------------------------------- CRMP.5469/2011 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD .................... PETITIONER/ACCUSED/PETITIONER: ANTONY, AGED 55, S/O. KAKASSERY JOSEPH, KANDIYOOR DESOM, ALOOR VILLAGE, TALAPPILLY TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN SRI.K.RAVI (PARIYARATH) RESPONDENT/RESPONDENT/STATE OF KERALA: THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, GURUVAYOOR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PIN-682031. BY PUBLIC PROSECUTOR SRI.B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX IN CRMC 3270/2011 ANNEXURE-I TRUE COPY OF THE REPORT OF THE SI OF POLICE BEFORE THE LEARNED MAGISTRATE DT. 28.7.2011 ANNEXURE-II TRUE COPY OF THE SEARCH LIST IN CRIME 706/2011 OF GURUVAYUR POLICE STATION DT. 6.7.2011 ANNEXURE-III TRUE COPY OF THE CERTIFICATE OF REGISTRATION DT. 3.6.05 AND RENEWED SUBSEQUENTLY ANNEXURE-IV TRUE COPY OF THE RECORDS SEIZED BASED ON ANNEXURE II O DIFFERENT DATES ANNEXURE-V TRUE COPY OF THE PASS BOOK OF THE PUNJAB NATIONAL BANK ANNEXURE-VI TRUE COPY OF THE PASS BOOK OF THE SYNDICATE BANK IN THE NAME OF THE PETITIONER ANNEXURE-VII TRUE COPY OF CRLMP 5469/2011 IN CRIME 706/2011 DT. 20.7.2011 BEFORE JFCM CHAVAKKAD ANNEXURE-VIII TRUE COPY OF THE ORDER PASSED IN CRLMP 5469/2011 IN CRIME 706/2011 OF GURUVAYUR POLICE STATION DT. 23.8.2011 ON THE FILE OF JFCM CHAVAKKAD /TRUE COPY/ N.K.Balakrishnan, J. ------------------------------------------- Crl.M.C.No.3270 of 2011 ------------------------------------------- Dated this the 3rd day of October, 2011 ORDER Petitioner is the accused in Crime No.706/2011 of Guruvayur Police Station. An amount of `.2,99,000/- was seized on 6.7.2011 from the house/place of business of the petitioner when it was searched by the Sub Inspector of Police. It is alleged that petitioner has committed certain offences under the Kerala Money Lendors Act, 1958 and that petitioner has no licence or registration granted under the said Act for conducting the business. 2. Learned counsel for the petitioner submits that merits of the case can be considered later. But for the time being, it is just and proper that the amount aforesaid seized from the house/ place of business is directed to be kept in Fixed Deposit in any of the nationalised banks in Chavakkad so that the amount will fetch interest. 3. If the amount lies in criminal court deposit, it will not carry any interest at all in which case, petitioner would be a loser. Hence, this petition is disposed of as stated below: CRMC 3270/2011 2 Amount of `.2,99,000/-, which was seized from the house/ place of business of the petitioner, now lying in criminal court deposit in the aforesaid crime, shall be caused to be deposited by the learned Magistrate in a nationalised bank in Chavakkad and the Fixed Deposit receipt shall be retained by the learned Magistrate. The deposit shall be for a period of one year or for such other period, the petitioner may state before the learned Magistrate. (N.K.Balakrishnan, Judge) tkv