IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 27TH JUNE 2008 / 7TH ASHADHA 1930 Crl.MC.No. 1996 of 2008() ------------------------- CRMP.1739/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT- II,PATHANAMTHITTA .................... PETITIONER: PETITIONER/1ST ACCUSED -------------------------------------------- SALIM RAJ, AGED 37 YEARS SON OF KHAJU MOITHEEN, JAMALIYA NAGAR, 82/4 MADURAI ROAD, TENKASI, TAMIL NADU BY ADV. SRI.H.B.SHENOY SRI.B.ASHOK SHENOY SRI.THOMAS P.MAKIL SMT.LAKSHMI B.SHENOY SRI.ABU MATHEW SRI.SOBHAN GEORGE RESPONDENTS: RESPONDENT/COMPLAINANT ------------------------------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KONNY POLICE STATION KONNY, PATHANAMATHITTA DISTRICT BY PUBLIC PROSECUTOR, SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 1996 OF 2008 ----------------------------------------------- Dated this the 27th day of June, 2008 O R D E R Petitioner is the 1st accused in a prosecution for offences punishable inter alia under the Indian Emigration Act. The crux of the allegations is that the accused persons, two in number, were running an unauthorised travel agency and were indulging in deceit and fraud. They were allegedly obtaining amounts from the members of the public on the promise that employment abroad shall be provided to them. In the course of investigation an amount of Rs.32,000/- was seized from the possession of the petitioner. Petitioner applied for release of the said amount to him pending investigation. That application was dismissed by the learned Magistrate by the impugned order on the ground that the investigation is not complete. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. There is no allegation of any offence of cheating raised so far. At any rate, the amount admittedly belongs to the petitioner and was in his possession. It may be directed to be released to the petitioner as no specific Crl.M.C. No. 1996 OF 2008 2 offence is alleged to have been committed in respect of the said property,i.e.,currency notes. The learned Prosecutor opposes the submission. Learned Prosecutor submits that investigation is not complete. The investigator may be given some further time to complete the investigation. Prima facie materials available to suggest that the amount is the fruit of the crime committed by the petitioner, the same may not be directed to be released to the petitioner at this stage. At any rate, the investigator may be given some further time to complete the investigation. I find merit in the opposition made by the learned Prosecutor. In the nature of the allegations raised, it will certainly have to be ascertained by the investigating officer whether the amount seized is the fruit of the alleged crime or not. To ascertain this, I am satisfied that some further time can be granted to the investigators and the petitioner can be permitted to approach the learned Magistrate after a reasonable time. In the meantime, the investigator must take every endeavour to complete the investigation. To secure the monetary interest of the petitioner, it can be directed that, the amount seized shall be retained by the learned Magistrate in fixed Crl.M.C. No. 1996 OF 2008 3 deposit in any nationalised bank. In the result, this petition is dismissed with the following specific observations: i) Every endeavour shall be made by the investigator to complete the investigation as expeditiously as possible at any rate within a period of three months from this date. ii) Petitioner shall be at liberty to approach the learned Magistrate with a fresh application for release of the amounts to him after expiry of three months from this date. iii) The learned Magistrate shall keep the amount seized in fixed deposit with any nationalised bank for a period of six months such that the interest along with the principal amount shall be payable to the party entitled to the same as determined by the learned Magistrate. R. BASANT, JUDGE ttb Crl.M.C. No. 1996 OF 2008 4 Crl.M.C. No. 1996 OF 2008 5