IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3790 of 2010()
1. SANTHOSH KUMAR, S/O.CHANDUKUTTY,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.T.SETHUMADHAVAN
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :06/10/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.No. 3790 OF 2010
===========================
Dated this the 6th day of October,2010
ORDER
Crime 129/2010 of Kunnamangalam Police
Station was registered for the offences under
section 392 read with section 34 of Indian
Penal code on the first information furnished
by Sruthinlal. Case in the First Information
Statement is that petitioner the brother of his
father, is a goldsmith who prepares gold
ornaments. After completing the work of making
gold ornaments, petitioner used to send them
to jewellry Malabar Gold at Ernakulam Jose
junction through the first informant. On
12.4.2010 at about 4.30 a.m, when Sruthinlal
was proceeding to Malabar Gold carrying the
gold ornaments in a bag, in his scooter, three
persons wrongfully restrained him thereafter
robbed the bag containing 1.3 kgms of gold
Crl.M.C.3790/2010 2
ornaments. When a portion of the gold ornaments
were seized and produced before Judicial First
Class Magistrate’s Court, Kunnamangalam, petitioner
filed Annexure B petition under section 451 of Code
of Criminal Procedure for interim custody of the
vehicle submitting that he is prepared to furnish
any security. By Annexure C order, learned
Magistrate dismissed the petition. This petition
is filed under section 482 of Code of Criminal
Procedure to quash Annexure C order and to grant
interim custody of the gold ornaments to the
petitioners.
2. Learned counsel appearing for the
petitioner and learned Public Prosecutor were
heard.
3. Learned Public Prosecutor submitted that
subsequently some more gold ornaments were seized
and produced before the learned Magistrate and
after completing the investigation final report has
also been submitted, though offences were not
taken cognizance.
4. Prosecution case itself is that the gold
Crl.M.C.3790/2010 3
ornaments seized were entrusted to the first
informant by the petitioner, to be entrusted to the
Jeweller and on the way it was robbed by the
accused. In such circumstances, petitioner is
entitled to get interim custody of gold ornaments
on conditions. Unfortunately the learned
Magistrate dismissed the petition filed under
section 451 of Code of Criminal Procedure without
taking note of the decision of the Apex court in
Jamal Uddin Ahmad v. Abu Saleh Najmuddin (2003(2)
KLT 638). Petitioner has also submitted that he is
prepared to furnish any security. In such
circumstances, Annexure C order can only be
quashed.
Petition is allowed. Annexure C order is
quashed. CMP 4561/2010 is remitted to Judicial
First Class Magistrate, Kunnamangalam for fresh
disposal in accordance with law.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006