O R D E R ...

These Crl.M.Cs. are filed challenging the order passed by the Judicial First Class Magistrate Court- 1, Tirur in C.M.P.No.1974/2020 in Crime No.280/2019 of Valanchery Police Station. The petitioner in Crl.M.C. No.3858/2021 is the defacto complainant in the aforesaid crime and the petitioner in Crl.M.C.No.5127/2021 is the accused therein. Annexure-E order was passed by the Judicial First Class Magistrate Court-1, Tirur on an application submitted by the petitioner in Crl.M.C.No.5127/2021 under Section 451 of the Code of Criminal Procedure (Cr.PC) seeking the release of certain articles. As per the order impugned in this case, the prayer sought by the petitioner in Crl.M.C.No.5127/2021 was partly allowed by releasing the laptops seized from the possession of the petitioner.

2. For convenience, Crl.M.C.No.5127/2021 is treated as the leading case and the parties and the documents are referred to in this order, in the same sequence as referred to in the said Crl.M.C.

3. The facts leading to the filing of these Crl.M.Cs. are as follows:

Crime No.280/2019 was registered by the Valanchery Police Station based on a complaint submitted by the 2nd respondent herein, who is the defacto complainant. The allegation of the 2nd respondent/defacto complainant is that he had borrowed an amount of Rs.10 lakhs from the petitioner, and towards the security of the said amount, certain blank cheques and stamp papers were given. Later, he borrowed a further sum of Rs.40 lakhs from the petitioner and towards the security of the said amount, the property belonged to the 2nd respondent/defacto complainant was conveyed in favour of the petitioner herein on the understanding that the said property would be reconveyed upon discharging the liability. It was alleged that, later, even though the aforesaid amounts were re-paid by the 2nd respondent, the petitioner herein refused to re-convey the property as per the original terms and conditions of the understanding between them. A complaint was submitted in such circumstances alleging offences punishable under Sections 406,420,506 r/w. Section 34 of the Indian Penal Code (IPC) and Sections 3 and 17 of the Kerala Money Lenders Act. As part of the investigation, a search was conducted by the police in the residence of the petitioner herein on 23.10.2019. During the search, an amount of Rs.21,50,000/-, two laptops and several title deeds of various parties were seized from the petitioner. Later, the Annexure-C application was submitted by the petitioner for releasing the aforesaid amounts, documents as well as laptops. The 2nd respondent herein submitted a detailed objection as Annexure-D. After hearing all the parties, the Annexure-E order was passed by the Judicial First Class Magistrate Court-1, Tirur as per which the prayer sought by the petitioner was partly allowed by ordering release of laptops with following conditions:

“1. Furnish photograph of the laptops before the court which shall be attested by the Junior Superintendent of the Court and Property Clerk.

2. The petitioner shall execute a bond for Rs.1,00,000/- with one solvent surety for like sum

3. The above said articles shall be produced as and when required by the court

4. The petitioner shall not delete the datas stored in the Laptops till investigation is over.”

4. Challenging the aforesaid order, the 2nd respondent filed Crl.M.C.No.3858/2021. The very same order is under challenge at the instance of the accused/petitioner in Crl.M.C.No.5127/2021.

5. Heard Sri. K.Shibili Naha, the learned counsel for the petitioner in Crl.M.C.No.5127/2021, Sri.K.M. Firoz, the learned counsel for the petitioner in Crl.M.C.No.3858/2021, Sri. Ranjit George, the learned Public Prosecutor appearing for the State in Crl.M.C.No.5127/2021 and Sri. Sudheer Gopalakrishnan, the learned Public Prosecutor appearing for the State in Crl.M.C.No.3858/2021.

6. The specific contention of the learned counsel for the petitioner in Crl.M.C.No.5127/2021 is that since the amount