IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 284 of 2009()
1. SUNILDETH
... Petitioner
Vs
1. STATE OF KERALA & ANOTHER
... Respondent
For Petitioner :SRI.SUMAN CHAKRAVARTHY
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :20/01/2009
O R D E R
R. BASANT, J.
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Crl.M.C. No. 284 of 2009
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Dated this the 20th day of January, 2009
ORDER
The petitioner is the de facto complainant in a crime
registered alleging offences punishable, inter alia, under Secs.
420 and 467 IPC. The 2nd respondent herein is the accused.
It is the case of the petitioner that the articles belonging to him
which he had allegedly entrusted to the 2nd respondent were all
misappropriated by him. The articles so entrusted and
misappropriated, inter alia, include one air conditioner. That
air conditioner was seized from the house of the 2nd respondent
in the course of investigation. Both the petitioner and the 2nd
respondent staked claims for release of the said air
conditioner. By the impugned common order, the learned
Magistrate took the view that the same can be handed over to
the 2nd respondent; he being the person from whose possession
the air conditioner was admittedly seized. Conditions were
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imposed including a condition that an amount of Rs.25,000/-
must be deposited as cash security. Accordingly, the air
conditioner was released to the 2nd respondent after he complied
with the conditions imposed. The air conditioner is now in the
possession of the 2nd respondent.
2. The petitioner claims to be aggrieved by the impugned
order. According to the petitioner, he is the real owner of the
air conditioner and, in these circumstances, he is entitled for
release of the air conditioner during the pendency of the
investigation.
3. At the moment and with the available inputs, it appears
to me to be hazardous to authentically resolve the controversy as
to whose version is true and correct. The petitioner has a
grievance that he had produced several documents to show that
he was the owner of the air conditioner; whereas the 2nd
respondent had not produced any authentic documents. Be that
as it may, I take note of the nature of the conditions imposed. A
cash security of Rs.25,000/- has already been insisted which
amount is almost sufficient perhaps to buy such a new air
conditioner now. In these circumstances, I am of the view that
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the impugned order which more than adequately protects the
interests of the petitioner need not be interfered with. Obviously,
the learned Magistrate was aware of the concerns which the
Supreme court in the decision in Sunderbhai Ambalal Desai
v. State of Gujarat (AIR 2003 SC 638). Such conditions have
been imposed evidently to ensure that the air conditioner does
not suffer from damage and deterioration in court custody. In
the anxiety of the learned Magistrate to entrust the air
conditioner to some person on appropriate terms and conditions
the impugned order has been passed. I am not satisfied that the
discretion exercised by the learned Magistrate to release the air
conditioner in favour of the 2nd respondent after adequately and
conveniently securing the interests of all concerned does
warrant interference by invoking the extraordinary inherent
jurisdiction under Sec.482 Cr.P.C. Appropriate directions can be
issued by the learned Magistrate at the end of the proceedings
regarding the amount of Rs.25,000/- retained as cash security.
4. The learned counsel for the petitioner submits that as
the investigation is not undertaken with sufficient speed and
expedition, the petitioner has already approached the learned
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Magistrate with a petition to issue directions under Sec.156(3)
Cr.P.C. in terms of the dictum in Sakiri Vasu v. State of U.P.
(2008 (1) KLT 724 (SC)).
5. This Crl.M.C. is, in these circumstances, dismissed with
the above directions.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge
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