MATHEW K. JOHN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioner challenging the order in Crl.M.P.No.2233/2014 in Crime No.735/2014 of Mannar Police Station of Judicial First Class Magistrate Court, No -I, Chengannur under Section 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that petitioner has been arrayed as accused in Crime No.735/14 of Mannar Police Station alleging offence under Section 420 of Indian Penal Code and Section 17 of Money Lenders Act. Prior to the registration of the crime, Police conducted search of the house petitioner and seized a cash of Rs.4,50,460/ - along with other materials and produced the same before court. Petitioner filed Crl.M.P.No.2233/14 for interim custody of the amount seized under Section 451 of Code of Criminal Procedure. But, that petition was dismissed by the learned magistrate by the impugned Annexure C order, which is being challenged by the petitioner by filing this petition.

(3.) THE Counsel for the petitioner submitted that even assuming that the entire case of the prosecution is admitted, there is no need to keep the amount in court and that can be released to the petitioner on certain conditions which was so held in the decision reported in Sasikumar Vs. State of Kerala [2013 (2) KHC 886], which has not been considered by the court below. He has further submitted that he is prepared to furnish property security for the amount.