The petitioner herein is aggrieved by one condition imposed by the learned Judicial First Class Magistrate Court-III, Punalur, for release of some properties in his favour under Section 451 Cr.P.C. The properties involved are some gold ornaments and an amount of Rs.4,330/-. The petitioner is a licenced money lender, authorised to advance gold loans. The ornaments involved in the crime are the ornaments pledged by different persons. Besides directing the petitioner to execute bond for Rs.2,50,000/-, and also to make cash deposit of Rs.2,14,000/-, the learned Magistrate directed him to produce the ornaments as and when directed. This is the objectionable condition. The petitioner's grievance is that he will have to return the ornaments to the respective owners when they claim on discharge of their debt. I find that the grievance of the petitioner is genuine. Admittedly, he is a licenced money lender, authorised to advance loans on ornaments. If so, he will have to return the ornaments to the Crl.M.C.. No. 5423/2014 2 respective owners, when they claim on discharge of debt. In such a situation, the petitioner cannot be directed to produce the ornaments as and when directed. There are other directions, which are sufficient to enforce the petitioner's liability. I find that the objectionable condition can be set aside, under Section 482. In the result, this Crl.M.C. is allowed. The condition No.6 imposed by the court below as per order dated 10.09.2014 in CMP No. 7276/2014 will stand set aside.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE