Raj Kannan vs State Of Kerala on 16 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2137 of 2009()


1. RAJ KANNAN, S/O.RAJAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.K.J.KURIACHAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :16/07/2009

 O R D E R
               M.Sasidharan Nambiar, J.
              --------------------------
                Crl.M.C.No.2137 of 2009
              --------------------------

                         ORDER

Gold ornaments stolen and involved in Crime

No.155/2009 of Enathu Police Station, were seized by

the police during investigation and produced before the

court. Petitioner, claiming to be the owner, filed

Crl.M.P.No.2081/2009 under Section 451 of Code of

Criminal Procedure for interim custody of the gold

ornaments. Under Annexure-III order, Magistrate

dismissed the petition for the reason that one of the

accused is yet to be arrested and as investigation is

not complete, progress of the investigation would be

affected if interim custody is granted. This petition

is filed under Section 482 of Code of Criminal

Procedure to quash Annexure-III order and for interim

custody of the gold ornaments.

2. Learned counsel appearing for the petitioner

and learned Public Prosecutor were heard.

3. Learned Public Prosecutor did not dispute the

fact that the stolen gold ornaments, which were seized

CRMC 2137/09 2

and produced before the court, belong to the

petitioner. In such circumstances, petitioner is,

definitely, entitled to get interim custody of the gold

ornaments. The question is whether granting of interim

custody would affect the investigation. The fact that

one of the accused is yet to be arrested is not a

ground to deny interim custody. So also investigation

is not to be affected by the interim custody, if given.

In such circumstances, learned Magistrate should have

granted interim custody of the gold ornaments to the

petitioner.

Petition is allowed. Annexure-III order is

quashed. Crl.M.P.No.2081/2009 on the file of Judicial

First Class Magistrate’s Court, Adoor stands allowed.

Interim custody of the gold ornaments shall be given to

the petitioner on executing a bond for Rs.1,50,000/-

with two solvent sureties each for the like sum to the

satisfaction of Judicial First Class Magistrate, Adoor

on condition to produce the same as and when necessary.

16th July, 2009 (M.Sasidharan Nambiar, Judge)
tkv