IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 2039 of 2007()
1. AZAD ULLA FAROOKKI, S/O.JALALUDDEEN,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
For Petitioner :SRI.K.SUNILKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :03/07/2007
O R D E R
R. BASANT, J.
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Crl.M.C. NO. 2039 OF 2007
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Dated this the 3rd day of July, 2007
ORDER
The petitioner is the victim who was robbed in a case
registered under Sec.394 of the IPC. He was allegedly robbed
of an amount of Rs.71,000/-. Subsequently, the accused was
arrested and the said amount was recovered from the
possession of the accused. The petitioner applied for release
of the said amount of Rs.71,000/- to him. The learned
Magistrate, by the impugned order, rejected the said prayer for
release of the amount on the ground that if the property (i.e.,
cash) were released, it may not available specifically at the
stage of trial.
2. Notice was given to the learned Public Prosecutor.
The learned Public Prosecutor was requested to explain
whether specific identification of the currency notes in
Crl.M.C. NO. 2039 OF 2007 -: 2 :-
question is in any way relevant and vital for a proper
prosecution. The learned Public Prosecutor submits that there is
no special feature in this case which makes specific identification
of the notes recovered relevant or important. It is the case of
the prosecution that the currency notes belonged to the
petitioner herein. I am, in these circumstances, of opinion that
the courts have to take note of the plight of the victims in a case
of robbery like the instant one. Subject to appropriate terms and
conditions the property can be released to the victim/the de facto
complainant. Appropriate conditions can, of course, be
imposed.
3. In the result:
(i) This petition is allowed.
(ii) The amount of Rs.71,000/- in the custody of the court
shall be released to the petitioner after getting a proper
inventory of the currency notes taken, specifying the number
and details of the currency notes.
(iii) The petitioner shall also execute a bond for Rs.75,000/-
with two solvent sureties each for the like sum to the satisfaction
of the learned Magistrate.
Crl.M.C. NO. 2039 OF 2007 -: 3 :-
(iv) In the bond to be executed by the petitioner, he shall
undertake to place at the disposal of the court an amount of
Rs.75,000/- as and when directed by the court to do so.
4. This petition is accordingly allowed to the above extent.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge