IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 Crl.MC.No. 3790 of 2010() --------------------- CMP.4561/2010 OF JUDL. FIRST CLASS MAGISTRATE COURT, KUNNAMANGALAM CRIME NO. 129/2010 OF KUNNAMANGALAM POLICE STATION, KOZHIKODE .................. PETITIONER : (PETITIONER) ---------------------------------------- SANTHOSH KUMAR, S/O.CHANDUKUTTY, KARAKKAT THAZHAM HOUSE, KUNNAMANGALAM, KARANTHOOR, KOZHIKODE. BY ADVS. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR SRI.VANDANA MENON RESPONDENT : -------------------- STATE OF KERALA, REPRESENTED BY THE DIRECTOR OF PUBLIC PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM.(CRIME NO.129/2010 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE, KUNNAMANGALAM.) BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. =========================== 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. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006