IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 Crl.MC.No. 3370 of 2009() ------------------------- CMP.8582/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, NEYYATTINKARA . CRIME NO.424/2009 OF BALARAMAPURAM POLICE STATION. .................... PETITIONER(S): ------------------------- JAYASANKAR, S/O. DIVAKARAN, LM VIHAR, UDIYANKULANGARA, CHENKAL, THIRUVANANTHAPURAM. BY ADV. MR.SUMAN CHAKRAVARTHY RESPONDENT(S): ------------------------ THE STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR MR.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3370 OF 2009 ------------------------------------------ Dated 16th November 2009 O R D E R Petitioner is the accused in crime No.424/2009 of Balaramapuram police station registered for the offences under Section 489(B) and 201 of Indian Penal Code on the allegation that on 19/8/2009 at about 1 p.m petitioner by driving KL-19/7776 Maruti Wagon R car and came to Civil Supplies Corporation petrol pump and filled gas for Rs.700/- and handed over a One Thousand rupees currency note and being a currency note of Rs.1,000/- it was verified using the machine available there and finding that it is counterfeit currency note, the employee who detected it had handed over to one Anil Kumar and then petitioner forcefully took it from his hands and swallowed it and he thereby committed the offences. After registration of the case, vehicle and other articles were produced before the Magistrate as per T.357/2009. Petitioner filed Annexure-B petition for interim custody of the vehicle as well as other Crmc 3370/09 2 articles. It was dismissed by Annexure-C order as opposed by investigating officer on the ground that they are necessary for the purpose of investigation. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-C order and to grant interim custody of the articles as sought in C.M.P.8582/2009. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned counsel submitted that the car was not used for committing the offences and therefore, for the purpose of the investigation of the case, the car is not necessary. It is also submitted that other items are ATM cards of the petitioner and receipts obtained by the petitioner and they are also not necessary for the purpose of investigation and even if, those articles are necessary, a photocopy of those articles could be retained and original be released to the petitioner and he is prepared to produce them as and when required. 4. Learned Public Prosecutor submitted that as the investigation is to be conducted on all aspects including the possibility of using the car for Crmc 3370/09 3 dealing with counterfeit currency notes, materials produced before the court, seized from the petitioner are necessary for investigation and in such circumstances, they may not be released. 5. When there is no case for the prosecution that the car was used for committing the offences, I find no reason to retain the car. It could definitely be released to the petitioner on sufficient conditions. Similarly, receipt for pledging gold ornaments may be necessary for the petitioner, if the pledged articles are to be redeemed from the bank. If for the investigation the said materials are necessary photocopies of the receipts obtained at the time of pledge would be sufficient. I do not find that it is necessary to release other receipts seized from the house of the petitioner on search. 6. In such circumstances, Annexure-C order is quashed. Judicial First Class Magistrate-III, Neyyattinkara is directed to release KL-19/7776 seized from the petitioner and produced before the Magistrate, on executing a bond for Rs.5,00,000/- (Rupees Five Lakhs only) with two solvent sureties Crmc 3370/09 4 for the like sum to the satisfaction of the Magistrate, undertaking to produce the same as and when required. So also, if the receipts seized and produced before the court includes any receipt obtained while pledging gold ornaments and they are necessary for redeeming the articles from the bank, learned Magistrate to release them after retaining a photocopies of those receipts, on imposing sufficient security. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.