IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Crl.MC.No. 910 of 2010(A) ------------------------------------ (CRL.M.P. NO.295/2010 IN O.R. 5/2008 OF THE ADDL. CHIEF JUDICIAL MAGISTRATE COURT, (ECONOMIC OFFENCE) ERNAKULAM) ......... PETITIONER: ------------------- K.K.SAMEER,S/O.MUHAMMED PALLIKKANDIYIL, H.NO.1/74,KUNHIKADAM KUNNUMMAL,POOKKOM,PANOOR P.O, KANNUR - 670 692. BY ADV. MR.JOHNSON P.JOHN. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. JOINT COMMISSIONER OF CUSTOMS & CENTRAL EXCISE, CALICUT. 3. THE ASSISTANT DIRECTOR, DIRECTORATE OF REVENUE INTELLIGENCE, REGIONAL UNIT, 19/1069-A TALI, CHALAPPURAM P.O, KOZHIKODE. R1 TO R3 BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 910 OF 2010 =========================== Dated this the 7th day of April,2010 ORDER Petitioner was granted bail in O.R.5/2008 and in compliance with the condition petitioner had deposited Rs.1,00,000/- before the Additional Chief Judicial Magistrate Court (Economic Offence) Ernakulam. As no final report has been submitted petitioner filed Crl.M.P.295/2010 for return of the amount. By Annexure A2 order the petition was dismissed. This petition is filed under section 482 of the Code of Criminal Procedure to quash Annexure A2 order and to direct the Additional Chief Judicial Magistrate to return the amount deposited by the petitioner. 2. Learned counsel appearing for the petitioner submitted that even before the Additional Chief Judicial Magistrate Crl.M.C.910/2010 2 respondents did not object to the return of the amount to the petitioner and in such circumstances there was no justification for dismissing the application. 3. Learned counsel appearing for the third respondent complainant before the Additional Chief Judicial Magistrate submitted that as the amount was deposited as a condition for bail, unless it is modified petitioner is not legally entitled to claim back the amount. Learned counsel fairly submitted that petitioner is not being prosecuted in the case and only adjudication proceedings was initiated and it was completed. In such circumstances, I do not find it necessary to direct the petitioner to get the bail condition modified to claim back the amount deposited, as directed in the bail order as it is admitted case that petitioner is not being prosecuted. Annexure A2 order is quashed. Additional chief Judicial Magistrate (Economic Offence), Ernakulam is directed to return the cash deposit made by the Crl.M.C.910/2010 3 petitioner as a condition for bail. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006