IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 Crl.MC.No. 397 of 2009() ------------------------ Crl.M.P.No.4579/2008 in crime No.1235/2008 of Hill Palace police station. PETITIONER(S): --------------- BABU.V.J., S/O.JOSEPH, 35 YEARS, THEKKUMPURATH, IRINGALAKKUDA. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM BY SUB INSPECTOR OF POLICE, HILL PALACE POLICE STATION. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04/02/2009 ALONG WITH CRL.M.C.NO.398 & 399 OF 2009. THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.Nos.397,398 & 399 of 2009 ---------------------------------------- Dated this the 4th day of February 2009 O R D E R The petitioners face allegations in a crime registered alleging offences punishable under the Immoral Traffic (Prevention) Act. Altogether there are seven accused persons, it is submitted. The petitioners are the male persons facing allegations. Certain personal belongings of the petitioners were seized by the police when they apprehended them. All the articles involved are personal belongings of the petitioners like currency, mobile phone, gold ornaments, motor cycle etc. The petitioners applied for release of those articles before the learned Magistrate. The learned Magistrate, by the impugned separate orders, granted the prayer for release of the articles; but insisted that the petitioners must execute bonds for specified amounts with two solvent sureties each for the like sum. Production of the purchase documents to show ownership was insisted from the sureties. The petitioners have claimed to be aggrieved by the impugned order. 2. The learned counsel for the petitioners submits that there is absolutely no dispute about the ownership or right of possession of the articles concerned. The articles are in no way connected with the commission of the crime. For the investigation Crl.M.C.Nos.397,398 & 399/09 2 of the crime, those articles are not necessary at all. The articles must have been released to the petitioners without any conditions. At any rate, insistence that the petitioners must execute bonds with sureties with emphasis on the sureties satisfying the learned Magistrate about their solvency and sufficiency is totally unjustified and unnecessary, submits the learned counsel for the petitioners. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor does not raise any objections against the prayer in these Crl.M.Cs. I am satisfied that the prayer is absolutely justified. I am unable to find any satisfactory reason in the Magistrate imposing such onerous conditions on the petitioners. 4. In the result, a) These Crl.M.Cs are allowed. b) Insistence in the impugned separate orders that the petitioners must execute bonds with two solvent sureties is set aside. c) The petitioners shall now execute bonds, as directed, without any sureties and thereupon the articles concerned shall be released to the petitioners. (R.BASANT, JUDGE) jsr Crl.M.C.Nos.397,398 & 399/09 3 Crl.M.C.Nos.397,398 & 399/09 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008