SIDHARTHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioner who is the accused in Crime No. 289/2014 of Wadakkanchery Police Station challenging the order in Crl.M.P.No.1526/2014 of Judicial First Class Magistrate Court, Wadakkanchery under Section 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that petitioner is the sole accused in Crime No/289/2014 of Wadakkanchery Police Station alleging commission of the offence under Section 3 and 4 read with Section 17 of Kerala Money Lenders Act. The allegation is that on 15.02.2014 at about 11.30 a.m, the District Superintendent of Police (Rural), Thrissur got information that unauthorised money lending is being done from the house of Devaky and on that basis, they conducted a search and seized an amount of Rs.5,23,970/ - and also other impugned documents and registered the above crime. The petitioner was arrested and thereafter, produced before court. Later, he was released on bail. The amount was obtained by him for the purpose of conducting his business and he was not engaged in money lending business as alleged. The same was obtained by taking loans from several banks. So, he filed an application as Crl.M.P.No.1526/2014 before the Judicial First Class Magistrate Court, Wadakkanchery for interim custody of the amount. But, the learned magistrate, by the impugned order, dismissed the application. This is being challenged by the petitioner by filing this petition.

(3.) THE Counsel for the petitioner submitted that the court below was not justified in dismissing the application as such because there is no dispute regarding the fact that he is the person entitled to possess that amount and even the prosecution has no case that he is not the owner of the amount. So, the source of the amount is not a criteria to be considered for the purpose of releasing the amount for interim custody.