Allowed

Anil Kumar @ Kumar v. State of Kerala

Kerala HC2 Jul 2018Crl.MC/3944/2018

Case brief

AI extract

What is this about?

The High Court allowed the petitioner accused's application to release gold ornaments seized during arrest. Dismissing the magistrate's refusal, the Court ordered the release of the ornaments subject to the furnishing of a bank guarantee for their present value or fixed deposit receipts, with an undertaking to produce the items upon court summons.

What did the court decide?

The gold ornaments seized from the petitioner will be released upon furnishing a bank guarantee for the present value of the ornaments or producing fixed deposit receipts for the said amount.

Anil Kumar @ Kumar Vs State of Kerala — Cheque Dishonour | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

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MONDAY, THE 2ND DAY OF JULY 2018 / 11TH ASHADHA, 1940

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Crl.MC.No. 3944 of 2018

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CMP.4026/2016 IN CRIME NO.1538/2016 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM.

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PETITIONER/ACCUSED:

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ANIL KUMAR @ KUMAR, S/O.MANIYAN, AGED 44 YEARS, SOUMYA BHAVAN, TC 32/1203, ALL SAINTS COLLEGE JUNCTION, THIRUVANANTHAPURAM.

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BY ADV.SRI.BIJU BALAKRISHNAN

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RESPONDENT/COUNTER PETITIONER:

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY SENIOR PUBLIC PROSECUTOR SRI.C.S. HRITHWIK

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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Crl.MC.No. 3944 of 2018

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APPENDIX

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PETITIONERS' ANNEXURES:

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ANNEXURE A1 : CERTIFIED COPY OF ORDER DATED 21.1.2017 IN CMP. NO.4026/2016 BY THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM

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ANNEXURE A2 : TRUE COPY OF THE ORDER IN CMP.5940/2015 IN CC.354/2016 DATED 1/10/2016, BY THE CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM

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RESPONDENTS' ANNEXURES: NIL

/TRUE COPY/

P.S.TO JUDGE

mbr/

03.07.2018.

K. ABRAHAM MATHEW, J.

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-------------------------------------------------Crl.M.C. No. 3944 of 2018

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Dated this the 2^nd day of July, 2018

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O R D E R

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Petition filed under Section 482 Cr.P.C.

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The petitioner is the first accused in Crime No. 1538

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of 2016 of Museum Police Station, Thiruvananthapuram, registered for the offences under Sections 120B, 406 & 420 r/w Section 34 of the Indian Penal Code. When he was taken into custody, the police seized gold ornaments which he was wearing. He filed application under Section 451 Cr.P.C. for releasing the ornaments to him. By the impugned order, the learned magistrate has dismissed it. This is challenged.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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Admittedly, the gold ornaments are not directly involved in the commission of the offences. The request to release the ornaments to him was turned

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..2..

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Crl.M.C. No. 3944 of 2018

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down by the learned magistrate on the ground that the police has a case that they were purchased with the money obtained by cheating his victims. In the absence of any allegation that the gold ornaments are directly involved in the commission of the offences, I am inclined to grant his prayer subject to certain conditions.

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In the result, this Crl. M.C. is allowed. The gold ornaments, which were seized from the petitioner at the time of his arrest, will be released to him on his furnishing bank guarantee for the present value of the ornaments or producing Fixed Deposit receipts for the said amount issued by a nationalized bank. He shall undertake to produce the ornaments, if he is so called upon by the court.

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Sd/-

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K. ABRAHAM MATHEW JUDGE

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bka/02.07.2018

Anil Kumar @ Kumar v. State of Kerala

Case brief

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Anil Kumar @ Kumar v. State of Kerala

Case brief

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