2025:KER:27733 CRL.MC NO. 3105 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 CRL.MC NO. 3105 OF 2025 AGAINST THE ORDER/JUDGMENT DATED 26.03.2025 IN CRMC NO.242 OF 2025 OF DISTRICT COURT & SESSIONS COURT,THALASSERY PETITIONER: MUHAMMED SHABHIN K.V AGED 24 YEARS S/O. NASAR, NEHAS HOUSE, KUNNINU THAZHE, P.O. CHERUVANCHERRY. KANNUR, PIN - 670650 BY ADVS. M.P.PRIYESHKUMAR SHANAVAS NALAKATH RANDUPURAYIL RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY SRI. RENJITH GEORGE, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:27733 CRL.MC NO. 3105 OF 2025 2 ORDER The petitioner is the 2nd accused in Crime No. 517 of 2023 registered at the Dharmadam Police Station for offences punishable under Sections 406 and 420 r/w Section 34 of IPC. The crime is registered based on an allegation raised by the de facto complainant that the accused, after inducing the de facto complainant to part with 35 sovereigns of gold, failed to pay the purchase price or to return the gold ornaments. The petitioner was granted bail in the crime as per Annexure A order dated 05.03.2025, subject to conditions. Condition No. (ii) required the petitioner to appear before the Investigating Officer every Monday between 09:00 AM and 11:00 AM for a period of three months or till filing of the final report and as per condition No. (iii) the petitioner had to surrender his passport before the Magistrate Court. Accordingly, petitioner surrendered his passport and later filed Annexure B application seeking modification of condition Nos.(ii) & (iii). By the impugned Annexure C order, learned Sessions Judge lifted condition Nos. 2025:KER:27733 CRL.MC NO. 3105 OF 2025 3 (ii) and (iii) subject to the petitioner depositing Rs.5 Lakhs as cash security and granted him permission to leave India for six months. This Crl.M.C is filed aggrieved by the condition requiring the petitioner to deposit Rs.5 Lakhs as cash security. 2. Learned counsel for the petitioner submits that a commercial transaction is given the colour of a criminal offence and in such a crime, the petitioner may not be imposed with onerous conditions which are impossible of performance. 3. I heard the learned Public Prosecutor also. 4. As submitted, the allegations are in relation to a business transaction between the accused and the de facto complainant, without any public element being involved. In such circumstances, condition of depositing Rs.5 Lakhs is not justified. Instead, other stringent conditions for ensuring the petitioner’s presence can be imposed. The Crl.M.C is hence disposed of by directing the petitioner to deposit Rs.1,00,000/- (Rupees One Lakh only) as cash security and leaving it for the learned Sessions Judge to impose such other appropriate conditions for ensuring the 2025:KER:27733 CRL.MC NO. 3105 OF 2025 4 petitioner's presence before the expiry of the period for which he is granted permission to go abroad. Sd/- V.G.ARUN JUDGE SPV 2025:KER:27733 CRL.MC NO. 3105 OF 2025 5 APPENDIX OF CRL.MC 3105/2025 PETITIONER’S ANNEXURES ANNEXURE A A TRUE COPY OF THE ORDER IN BAIL APPLICATION NUMBERED AS CRL.MC NO.242/2025 DATED 05.03.2025 ANNEXURE B TRUE COPY OF THE PETITION FILED BY THE PETITIONER ANNEXURE C TRUE COPY OF THE ORDER DATED 26.03.2025 IN CRL.MP 1543/2025 IN CRL.MC 242/2025 ON THE FILE OF SESSIONS COURT, THALASSERY RESPONDENTS’ ANNEXURES : NIL //TRUE COPY// PA TO JUDGE