IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 3672 of 2007()
1. B.SATHISH NAIR,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.M.SREEKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :12/12/2007
O R D E R
R. BASANT, J.
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Crl.M.C. No. 3672 OF 2007 B
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Dated this the 12th day of December, 2007
O R D E R
Petitioner faces allegations in a crime registered for
offences punishable under Sections 406 and 420 IPC. He
filed an application for release of articles which were seized
from his possession. The learned Additional Chief Judicial
Magistrate, by the impugned order dated 17.9.07, allowed the
petition in part. He directed the release of some of the
articles seized on condition that a bond for Rs.2,00,000/- is
executed with two solvent sureties each for the like sum. The
remaining items, it was directed, can be applied for later as
they are required for the purpose of investigation.
2. The petitioner has come to this Court with a
grievance that insistence of execution of bond with two
solvent sureties is not necessary. The articles do belong to
the petitioner without any controversy. The petitioner is
entitled to possession of the same. They are not in any way
CRMC.3672/07
: 2 :
connected with the crime alleged at all. In these
circumstances, it is not necessary to direct retention of any
article in court or to insist on any bond with sureties.
3. Notice was given to the learned Public Prosecutor.
The learned Public Prosecutor submits that the State has no
objection against release of all other articles shown in
Crl.M.P.4316/07 except items 1 and 2 of list 1 – Company
seal and Company Managing Partner seal and items 33 to 35
of list 2 i.e., Trans India Construction site map file-1, Trans
India Construction Cash Bank Voucher-2 numbers and
Payment Receipt book – blank-1 number.
4. In the circumstances of the case, I am satisfied that
there can be a direction to release all the other articles except
the five articles referred to above to the petitioner on
condition that he must execute a bond for Rs.2,00,000/-
(Rupees two lakhs only) without any sureties.
(R.BASANT, JUDGE)
aks