IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 Crl.MC.No. 4663 of 2008() ------------------------- AGAINST THE ORDER DATED 10/07/2008 IN IN LP 148/2007 IN MP.2329/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PERINTHALMANNA .................... PETITIONER(S): PETITIONER ------------------------- POOLAKKAL JAYASREE, W/O.SAJIKUMAR, CHALAVARA, MUNDDKKOTTU KURUSSY DESOM, PALAKKAD. BY ADV. SRI.SAJU.S.A RESPONDENT(S): STATE -------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4663 of 2008 ---------------------------------------- Dated this the 9th day of December 2008 O R D E R The petitioner is the de facto complainant/victim in a prosecution for the offence punishable under Section 380 I.P.C. Two accused were there in the said case. One of them who was available has already stood trial. The other is absconding. The case against her has been split up and has been transferred to the list of long pending cases. A gold ingot weighing 94.500 grams was seized by the police and the same was released to the petitioner herein. The absconding accused has not been apprehended so far. The petitioner is now obliged to keep the gold ingot weighing 94.500 grams. She is not able to make use of the same. In these circumstances, the petitioner applied before the learned Magistrate for permission to her to make use of the gold ingot and convert the same into gold ornaments. That prayer was turned down by the impugned order ( a copy of which is produced as Annexure II). It is prayed that the said order may be set aside and the petitioner may be permitted to make use of the gold ingot. Crl.M.C.No.4663/08 2 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor only submits that subject to appropriate safeguards that is insisted by the decision in Sunderbhai Ambalal Desai v. State of Gujarat [SC 2003(2) KLT 1089] appropriate directions can be issued by this court. 3. Having considered all the relevant circumstances, I am persuaded to agree that the impugned order deserves to be set aside and the learned Magistrate must be directed to permit the petitioner to convert the gold ingot into ornaments subject to appropriate further conditions: 4. In the result, a) This Crl.M.C is allowed. b) The impugned order is set aside. c) The learned Magistrate is directed to grant the petitioner permission to make use of the gold ingot which has already been released to her subject to appropriate conditions to be imposed by the learned Magistrate in tune with the decision in Sunderbhai Ambalal Desai (Supra). (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No.4663/08 3 Crl.M.C.No.4663/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008