Petitioner herein is aggrieved by a condition imposed by the learned Judicial First Class Magistrate Court-I, Kayamkulam for releasing certain amount in favour of the petitioner under Section 451 Cr.P.C. The objectionable condition is that the petitioner shall produce the title deed of immovable property worth Rs.7 Lakhs along with encumbrance certificate, valuation certificate and ownership certificate. The amount involved is Rs.7 Lakhs. The police has admittedly not registered any definite crime in connection with seizure of Rs. 7 Lakhs from the petitioner. It is not known whether any authority like the enforcement authority or income tax authority has initiated action. It appears that the petitioner has explanation for the source. Whether it is doubtful or acceptable, will have to be considered by the appropriate authority. In the present circumstances, the first condition imposed by the trial court requires interference under Section Crl.M.C.. No. 3886/2014 2 482 Cr.P.C. However, the petitioner will have to execute a bond for the amount involved, with one solvent surety. In the result, this Crl.M.C. is allowed in part. The condition imposed by the court below as per order dated 02.07.2014 in C.M.P. No.3836/2014 directing the petitioner to produce his title deed along with encumbrance certificate, valuation certificate and ownership certificate will stand set aside, on a further condition that the petitioner shall execute bond with one solvent surety for Rs.7 Lakhs to the satisfaction of the learned Magistrate.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE