Kerala High Court
Rajish B vs State Of Kerala on 5 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
CRL.MC NO. 3237 OF 2021
CRIME NO.77/2021 OF Piravam Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT IN CMP 133/2021 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT, PIRAVOM, ERNAKULAM
PETITIONER/:
RAJISH B.
AGED 37 YEARS
S/O.RAVI, PARAYIRUKATTIL HOUSE, PARIYARA KARA,
MEEMPARA P.O., KUNNATHUNAD TALUK, ERNAKULAM DISTRICT -
682 308.
BY ADVS.
IEANS.C.CHAMAKKALA
A.V.SIMON
RESPONDENT/S:
STATE OF KERALA
THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA - 682 031.
SRI.C.S HRITHWIK SR. PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.MC NO. 3237 OF 2021 2
ORDER
Dated this the 5th day of August, 2021
The petitioner is the de facto complainant in Crime
No.77/2021 of Piravom Police Station, which is registered for
offences punishable under Sections 420 and 408 r/w Section 34 of
IPC.
2. Petitioner is the proprietor of the financial institution named
'Right View Finance' and engaged in the business of money lending
on the basis of pledging of gold ornaments. The 1 st accused was
an employee of the aforesaid financial institution and conducting
business in the absence of the petitioner. The 2 nd accused is the
husband of the 1st accused. The accused allegedly misappropriated
gold ornaments and pledged the same in different financial
institutions and thereby cheated the petitioner. The police
recovered 304 grams of gold ornaments and produced the same
before the Judicial First Class Magistrate Court, Piravom. CMP
No.133/2021 was filed by the petitioner for interim release of the
gold ornaments under Section 451 of Cr.P.C. Th Muthoot Fincorp
also filed CMP No.162/2021 for release of gold weighing 23.620
grams. Vide common order, both the applications were allowed, but
the petitioner is aggrieved by the condition that he shall execute a
bond for Rs.20 lakhs with two solvent sureties and also shall furnish
a security of bank guarantee for Rs.15 lakhs before the court. The
petitioner states that he will not be able to furnish a bank guarantee
because he is doing the business of pledging of gold and receiving
gold for pledging and the gold belong to the customers to whom he
is answerable and they may demand that gold and therefore the
condition that he has to execute a bank guarantee for Rs.15 lakhs is
totally unreasonable and seeks indulgence of this Court to interfere
with that condition imposed by the Jurisdictional court vide
Annexure A1 common order.
3. Heard the learned counsel for the petitioner and the learned
Public Prosecutor.
4. The accused in this case have admittedly no claim over the
gold ornaments. The petitioner has been asked to furnish a huge
amount as bank guarantee, but I find that the said condition is
totally untold there because the gold belongs to the customers and
the petitioner is answerable to them and they may demand that
gold ornaments. Hence the imposition of condition No.2 is totally
unreasonable and therefore condition No.2 is deleted.
The Crl.M.C is allowed as above.
Sd/-
ASHOK MENON
JUDGE
rmm
APPENDIX OF CRL.MC 3237/2021
PETITIONER ANNEXURE
Annexure A1 PHOTO COPY OF THE ORDER IN CMP NO.133/2021
AND CMP NO.162/2021 OF THE JUDICIAL FIRST
CLASS MAGISTRATE COURT, PIRAVOM DATED
19/04/2021.
