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Anil Jose vs State Of Kerala on 18 November, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ASHOK MENON

MONDAY, THE 18TH DAY OF NOVEMBER 2019 / 27TH KARTHIKA, 1941

Crl.MC.No.7508 OF 2019(G)

AGAINST THE ORDER/JUDGMENT IN CMP 3977/2019 OF ADDITIONAL CHIEF
JUDICIAL MAGISTRATE (EO),ERNAKULAM

CRIME NO.1288/2018 OF Ernakulam Town South Police Station ,
Ernakulam

PETITIONER/PETITIONER:

ANIL JOSE,
AGED 53 YEARS
S/O.SIMON, MANAGING DIRECTOR, M/S.GREEN CHANNEL
HOLIDAYS INDIA PVT.LTD., PANAMPILLY NAGAR,
ERNAKULAM.

BY ADVS.
SRI.DINESH R.SHENOY
SRI.EBIN MATHEW
SRI.P.ROHIT PREMANANDAN SHENOY
SMT.PREETHU PRADEEP

RESPONDENT/STATE:

STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM – 682 031.

OTHER PRESENT:

SMT.V.SREEJA PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC 7508/2019

2

O R D E R

Dated this the 18th day of November, 2019

The petitioner had approached the Additional Chief

Judicial Magistrate’s Court (EO), Ernakulam with CMP

No.3977/2019 under Section 451 Cr.PC seeking release of

his laptop, three mobile phones and two pen drives

which were produced before the court in connection with

crime No.1288/2018 of Ernakulam Town South Police

Station and is presently in the possession of the

court.

2. The application was dismissed by the court for

the reason that the investigation is at the infant

stage and that aid of the Cyber Cell is sought for by

the investigating officer to examine the laptop, mobile

phones and pen drives, which contain the details of

tour package and monetary dealings with the customers

and are connected with the crime, and therefore,

releasing of those material objects before scientific

investigation is completed, would hamper the

investigation, and hence the application was dismissed.
Crl.MC 7508/2019

3

3. The present crime was registered for an

offence punishable under Sections 406 and Section420 IPC for

having received money of Rs.1,70,000/- from the defacto

complainant promising to procure visa to go on a tour

to Israel. The petitioner had allegedly failed to

arrange the visa as promised. There are other cases

also in which he is involved, with similar allegations

and in most of the cases the petitioner was granted

bail by this Court and he had deposited the due amount

as bail condition.

4. In the instant case, he has deposited the

entire amount of Rs.1,70,000/- as a condition for bail.

The petitioner has not disputed receipt of any amount
from the customers. He was unable to arrange visa for

them as promised and that is the reason why the

customers filed complaint before the Police for

committing breach of trust and for cheating under

Section 406 IPC and under Section 420 IPC. The fact

that the petitioner had deposited the the amount

received from the complainants itself would negative

the case under Section 406 IPC because he has not
Crl.MC 7508/2019

4

appropriate the sum for himself and he is willing to

return the amount to the defacto complainant.

5. The fact whether the petitioner has dishonest

intention to cheat his customers prior to the receipt

of money for arranging visas to go abroad, is the only

question that remains to be decided by the court. For

that purpose, the scientific examination of laptop,

mobile phones and pen drives is not at all essential

because this is a case where the petitioner has

admitted receipt of the money and he has expressed

desire to return those amounts. The apprehension of

the petitioner that retention of laptop and mobile

phones in the court for longer period would render them
useless and obliterate his dealings with customers,

making it almost impossible to proceed with his

business of tour operation. This is a justifiable

reason and I do not find it necessary to retain the

aforesaid properties in the court till investigation or

trial is over.

6. The impugned order of the learned Magistrate

is therefore set aside and CMP No.3977/2019 is allowed
Crl.MC 7508/2019

5

and the articles are returned to the petitioner on

execution of a bond for Rs.1,00,000/- (Rupees one lakh

only) with two solvent sureties each for the like sum

to the satisfaction of the court below.

The Criminal M.C. is allowed.

Sd/-

ASHOK MENON

JUDGE

jg
Crl.MC 7508/2019

6

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE ORDER DATED
17/10/2019 IN CMP NO.3977/2019 IN CRIME
NO.1288/2018, ERNAKULAM TOWN SOUTH
POLICE STATION ON THE FILE OF THE ADDL.
CHIEF JUDICIAL MAGISTRATE COURT
(ECONOMIC OFFENCES), ERNAKULAM.

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