IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 11 of 2010()
1. JYOTHISH JOSEPH,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.P.M.ZIRAJ
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :09/06/2010
O R D E R
V.RAMKUMAR, J.
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Crl.M.C. No.11 of 2010
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Dated this the 9th day of June, 2010
ORDER
Petitioner, who is the second accused in Crime
No.1298/2009 of Central Police Station, Ernakulam registered
for offences punishable under Sections 468, 471, 511 of 420
read with 34 IPC, challenges the order dated 23.10.09 passed
by the Chief Judicial Magistrate Court, Ernakulam granting
interim custody of item Nos.7 to 10 seized from him namely
Driving License, Pan Card, Voters Identity Card and Two
Mobile Phones, but refusing to grant interim custody of items
1 to 6 and 11 namely one gold chain, one gold bracelet, one
gold ring with diamond, one montblanc pen, one montblanc
purse, one wrist watch and 100 U.S dollars.
2. It is too early for this Court to consider whether the
above items regarding which interim custody was refused by
the Magistrate, are absolutely personal properties of the
petitioner. Investigation of the case is still in the preliminary
stage. Therefore, I am not inclined to interfere with that part
of the order refusing interim custody of items 1 to 6 and 11.
This Criminal M.C is dismissed without prejudice to the right
Crl.M.C. No.11 of 2010
: 2 :
of the petitioner to have interim custody at a later stage when
duper investigation will be able to confirm or deny the claim of
the petitioner.
V.RAMKUMAR, JUDGE
dmb