IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2018 of 2008()
1. SURESH KHIMRAJ JI SHAH,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.VIJU THOMAS
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :11/06/2008
O R D E R
R.BASANT, J
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Crl.M.C. No.2018 of 2008
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Dated this the 11th day of June, 2008
ORDER
Petitioner is the defacto complainant in a prosecution for
offences punishable, inter alia, under Sections 120 B, 395 and
201 I.P.C. Altogether there are 7 accused persons. Accused 2, 3,
5 and 6 have been found guilty, convicted and sentenced.
Accused No.1 expired during the pendency of the proceedings.
Accused No.4 was found not guilty and acquitted. Accused No.7
was not available for trial. He was absconding. The case against
him was split up and was refiled.
2. Against the verdict of guilty, conviction and sentence, an
appeal has been preferred before this Court and that is pending
as Crl.Appeal No.901 of 2008. In the judgment of the court below,
there is a direction to return M.Os 8 and M.Os 13 to 146 which
are gold ornaments belonging to the petitioner herein to him. He
was held entitle to get back the gold ornaments. The gold
ornaments, being valuables belonging to PW4, were directed to
be returned to him after the appeal period is over. All other M.Os
were directed to be disposed of after the appeal period is over
and after the split up case-S.C.No.93 of 2008 is disposed of. No
Crl.M.C. No.2018 of 2008 2
person has preferred any appeal against the direction under
Section 452 Cr.P.C to return the gold ornaments M.O 8 and M.Os
13 to 146 to the petitioner herein.
3. To be doubly sure, notice was given to the learned
counsel for the appellants in Crl.Appeal No.901 of 2008, ie.
accused 2, 3, 5 and 6. Their counsel submits that they have no
objection against the release of the articles to the petitioner
herein straightaway.
4. The learned Magistrate had directed release of the
gold ornaments to the petitioner pending disposal of the appeal
on condition that the petitioner must produce bank guarantee for
an amount of Rs.1 crore. He was also directed to execute a bond
for Rs.2 lakhs with two solvent sureties. Aggrieved by that
condition, the petitioner came to this Court and by order dated
01.01.2007 in Crl.M.C.No.4093 of 2006 those conditions were
modified and it was directed that the said articles can be released
to the petitioner on condition that he executes a bond for Rs.1
crore with two solvent sureties each.
5. The petitioner has again come to this Court now with
the grievance that he is unable to comply even with that condition
Crl.M.C. No.2018 of 2008 3
and that consequently it has become impossible for him to take
back the articles from court. They are kept in the custody of the
court and are not released to the petitioner as he has not
executed the bond as directed.
6. Notice was given to the counsel for the appellants in
Crl.Appeal No.901 of 2008. Notice was given to the learned Public
Prosecutor also. The learned Public Prosecutor as well as the
counsel for accused 2, 3, 5 and 6 submit that they have
absolutely no objection against the release of the gold ornaments
to the petitioner herein subject to appropriate safeguards. It is
submitted that no one has any dispute about the entitlement of
the petitioner to take back the gold ornament from the custody of
the court. Considering all the circumstances, I am satisfied that
the said M.O 8 and M.Os 13 to 146 can now be directed to be
released to the petitioner notwithstanding the pendency of the
appeal on condition that he executes a bond for Rs.1 crore
without any sureties undertaking to produce the M.Os before
court as and when called for.
7. This Crl.M.C is accordingly allowed. It is directed that
M.O 8 and M.Os 13 to 146 can now be released to the petitioner
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on condition that he executes a bond for Rs.1 crore without any
sureties undertaking to produce the said M.Os before court as and
when called for.
(R.BASANT, JUDGE)
rtr/-