IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 Crl.MC.No. 2018 of 2008() ------------------------- SC.7/2007 of ADDL.SESSIONS COURT (ADHOC), KOTTAYAM .................... PETITIONER: ------------ SURESH KHIMRAJ JI SHAH, AGED 39 YEARS, S/O.KHIMRAJ JI SHAH, 80/82 BHANJI STREET, 3RD FLOOR, RATHNAMILAN BUILDINGS, A-PART, SYAVERI BAZAR, MUMBAI, MAHARASHTRA. BY ADV. SRI.VIJU THOMAS SMT.M.MEENA JOHN RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 286/06 OF PAMPADY POLICE STATION). BY PUBLIC PROSECUTOR SRI.C.M.KAMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2018 of 2008 ------------------------------------- Dated this the 11th day of June, 2008 ORDER Petitioner is the defacto complainant in a prosecution for offences punishable, inter alia, under Sections 120 B, 395 and 201 I.P.C. Altogether there are 7 accused persons. Accused 2, 3, 5 and 6 have been found guilty, convicted and sentenced. Accused No.1 expired during the pendency of the proceedings. Accused No.4 was found not guilty and acquitted. Accused No.7 was not available for trial. He was absconding. The case against him was split up and was refiled. 2. Against the verdict of guilty, conviction and sentence, an appeal has been preferred before this Court and that is pending as Crl.Appeal No.901 of 2008. In the judgment of the court below, there is a direction to return M.Os 8 and M.Os 13 to 146 which are gold ornaments belonging to the petitioner herein to him. He was held entitle to get back the gold ornaments. The gold ornaments, being valuables belonging to PW4, were directed to be returned to him after the appeal period is over. All other M.Os were directed to be disposed of after the appeal period is over and after the split up case-S.C.No.93 of 2008 is disposed of. No Crl.M.C. No.2018 of 2008 2 person has preferred any appeal against the direction under Section 452 Cr.P.C to return the gold ornaments M.O 8 and M.Os 13 to 146 to the petitioner herein. 3. To be doubly sure, notice was given to the learned counsel for the appellants in Crl.Appeal No.901 of 2008, ie. accused 2, 3, 5 and 6. Their counsel submits that they have no objection against the release of the articles to the petitioner herein straightaway. 4. The learned Magistrate had directed release of the gold ornaments to the petitioner pending disposal of the appeal on condition that the petitioner must produce bank guarantee for an amount of Rs.1 crore. He was also directed to execute a bond for Rs.2 lakhs with two solvent sureties. Aggrieved by that condition, the petitioner came to this Court and by order dated 01.01.2007 in Crl.M.C.No.4093 of 2006 those conditions were modified and it was directed that the said articles can be released to the petitioner on condition that he executes a bond for Rs.1 crore with two solvent sureties each. 5. The petitioner has again come to this Court now with the grievance that he is unable to comply even with that condition Crl.M.C. No.2018 of 2008 3 and that consequently it has become impossible for him to take back the articles from court. They are kept in the custody of the court and are not released to the petitioner as he has not executed the bond as directed. 6. Notice was given to the counsel for the appellants in Crl.Appeal No.901 of 2008. Notice was given to the learned Public Prosecutor also. The learned Public Prosecutor as well as the counsel for accused 2, 3, 5 and 6 submit that they have absolutely no objection against the release of the gold ornaments to the petitioner herein subject to appropriate safeguards. It is submitted that no one has any dispute about the entitlement of the petitioner to take back the gold ornament from the custody of the court. Considering all the circumstances, I am satisfied that the said M.O 8 and M.Os 13 to 146 can now be directed to be released to the petitioner notwithstanding the pendency of the appeal on condition that he executes a bond for Rs.1 crore without any sureties undertaking to produce the M.Os before court as and when called for. 7. This Crl.M.C is accordingly allowed. It is directed that M.O 8 and M.Os 13 to 146 can now be released to the petitioner Crl.M.C. No.2018 of 2008 4 on condition that he executes a bond for Rs.1 crore without any sureties undertaking to produce the said M.Os before court as and when called for. (R.BASANT, JUDGE) rtr/-