IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 Crl.MC.No. 937 of 2009() --------------------------------- CRIME NO.16/2009 OF KILIKOLLOOR POLICE STATION ............. PETITIONER/PETITIONER/DEFACTO COMPLAINANT -------------------------------------------------------------------------- M/S.PARVATHY EXPORTS CO., MURUNTHAL CHERRY, PERINADU VILLAGE, KOLLAM DISTRICT, REPRESENTED BY MANAGER, JAYAKUMAR. BY ADV. DR.K.P.SATHEESAN MR.K.K.GOPINATHAN NAIR MR.M.R.JAYAPRASAD MR.P.MOHANDAS (EKM) RESPONDENTS/STATE & RESPONDENT --------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KILIKOLLOOR POLICE STATION, (PRESENTLY DEPUTY SUPERINTENDENT OF POLICE, CRIME DETACHMENT, KOLLAM.). BY PUBLIC PROSECUTOR MR.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 937 OF 2009 --------------------------------- Dated this the 11th day of March, 2009 O R D E R This petition is filed against the order passed by the Judicial First Class Magistrate-I, Kollam in C.M.P. 2571/2009. This Court had an earlier occasion to consider this matter and had directed the Judicial First Class Magistrate Court-I, Kollam to consider the application under Section 451 of the Crl.P.C and pass appropriate orders. Accordingly the present petitioner who has been termed as claimant 'B' moved an application for the interim custody and the other claimant moved an application as C.M.P. 2177/2009. On a consideration of the entire materials available, the trial court disposed of C.M.P. 2571/2009 on the following conditions: It directed the present petitioner to deposit Rs. 43,00,000/- in a scheduled bank and produce certificate issued from bank as security, with instruction to bank that the amount could be released with consent of court only even on attaining maturity. It was directed to produce a bank guarantee for Rs. 43,00,000/- without specifying period etc. etc. Crl.M.C.No. 937/2009 -2- 2. The other petition was dismissed. It is against imposition of a direction to deposit Rs. 43,00,000/- in the bank this petition is filed. The court found that the total cashew kernels seized comes to 5766 Kgms. The maximum and minimum retail price ranges from Rs. 653/- per Kgms to Rs. 251/- per Kgms. The court opined that for giving the entire custody maximum price available for best quality has to be taken. Therefore it valued cashew kernels at Rs. 38,00,000/-. The court thereafter directed for deposit of Rs. 43,00,000/-. 3. Now the cashew kernels are very well available and it is in the custody. Experts are available to know the quality of the kernels and also the rate per kilograms as on date can be fixed with the help and aid of experts. Instead of arriving at a proper value it goes to the extreme end and directs to deposit Rs. 43,00,000/-. It is not proper. Therefore I feel the conditions imposed requires reconsideration at the hands of the court below. I direct the trial court to fix the value of cashew kernels per kilograms and calculate the total value. Thereafter it can give an opportunity to the present petitioner to deposit the amount as Crl.M.C.No. 937/2009 -3- well as in the form of bank guarantee. If the petitioner is not in a position to do it, there is no point in wasting the cashew and therefore it can resort to sell by public auction or whatever methods it feels possible and feasible. The priority should be that the cashew kernels should not get damaged or lost thereby making the whole issue lifeless. 4. Therefore the order under challenge, so far as it relates to the fixation of the amount is set aside and the matter is sent back to the court below for reconsideration in the line given above. Expeditious steps may be taken for a speedy disposal, keeping in mind that the property could not be lost on account of delay. This may be done at any rate within a period of 10 days from today. The Crl.M.C is disposed of accordingly. M.N. KRISHNAN, JUDGE vkm