IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 900 of 2010()
1. SHINAD, S/O.SAINULABDEEN,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.C.RAJENDRAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :07/06/2010
O R D E R
V.RAMKUMAR, J.
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Crl.M.C.No.900 of 2010
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Dated this the 7th day of June, 2010
ORDER
The petitioner who is the de facto complainant in Crime
No.55/2010 of Kadakkal Police Station for offences punishable
under Sections 457 and 380 I.P.C. in respect of several items
of gold ornaments (admittedly belonging to the petitioner)
applied to the Magistrate-II, Kottarakkara as per
C.M.P.No.846/2010 for interim custody under Section 451
Code of Criminal Procedure. Even the learned Public
Prosecutor in charge of the case had no objection to the claim
for interim custody. The court below however dismissed the
application as per the impugned order dated 5/2/2010 holding
inter alia that the gold ornaments are necessary for
identification during the evidence in the case and that they
are not perishable items.
2. The view taken by the Court below is not just and
reasonable, particularly in the light of Sunderbhai Ambalal
Desai Vs. State of Gujarat AIR 2003(SC)638.
C.M.P.No.346/2010 filed by the petitioner before the court
below shall stand allowed and the gold ornaments shall be
Crl.M.C.No.900/2010
: 2 :
entrusted to the petitioner on interim custody on his executing
a bond for an appropriate amount fixed by the Magistrate and
on an undertaking to produce the same before the court, as
and when required, in the same condition in which it is
released to him.
V.RAMKUMAR, JUDGE
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