IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 Crl.MC.No. 11 of 2010() ----------------------- CMP.8466/2009 of CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... PETITIONER(S): ACCUSED NO.2 --------------------------- JYOTHISH JOSEPH, S/O. JOSEPH, AGED 28 YEARS, KURUPPAMTHARAVEETTIL, POWER HOUSE ROAD, PALARIVATTOM, POONITHURA VILLAGE. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTED BY SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM PUBLIC PROSECUTOR MR.C.M.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.11 of 2010 -------------------------------------- Dated this the 9th day of June, 2010 ORDER Petitioner, who is the second accused in Crime No.1298/2009 of Central Police Station, Ernakulam registered for offences punishable under Sections 468, 471, 511 of 420 read with 34 IPC, challenges the order dated 23.10.09 passed by the Chief Judicial Magistrate Court, Ernakulam granting interim custody of item Nos.7 to 10 seized from him namely Driving License, Pan Card, Voters Identity Card and Two Mobile Phones, but refusing to grant interim custody of items 1 to 6 and 11 namely one gold chain, one gold bracelet, one gold ring with diamond, one montblanc pen, one montblanc purse, one wrist watch and 100 U.S dollars. 2. It is too early for this Court to consider whether the above items regarding which interim custody was refused by the Magistrate, are absolutely personal properties of the petitioner. Investigation of the case is still in the preliminary stage. Therefore, I am not inclined to interfere with that part of the order refusing interim custody of items 1 to 6 and 11. This Criminal M.C is dismissed without prejudice to the right Crl.M.C. No.11 of 2010 : 2 : of the petitioner to have interim custody at a later stage when duper investigation will be able to confirm or deny the claim of the petitioner. V.RAMKUMAR, JUDGE dmb