IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 Crl.MC.No. 349 of 2008() ------------------------ CC.60/1997 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PALAKKAD .................... PETITIONER: --------------------- VALSAMMA SEBASTIAN, W/O.P.C.SEBASTIAN, AGED 57 YEARS, 16/84, GARDEN STREET, COLLEGE ROAD, PALAKKAD. BY ADV. SRI.O.V.MANIPRASAD RESPONDENTS: ------------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SUB INSPECTOR OF POLICE, PALAKKAD TOWN NORTH POLICE STATION. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. NO. 349 of 2008 * * * * * * * * * * * * * * * * * * Dated: 31-01-2008 ORDER Some time in the year 1987 a theft of the thali chain weighing 32 grams and worn by the petitioner Valsamma Sebastian took place resulting in the Palakkad Town North Police registering Crime No. 359 of 1987 at the instance of the petitioner's husband. The offences registered were those punishable under Sections 457 and 379 I.P.C. The alleged accused one Suresh said to be hailing from in Tamil Nadu was at large for a long period. He was subsequently apprehended by the police and on the strength on his confession statement, the police recovered the stolen chain in the form of gold ingot from his house. After the conclusion of investigation the case was charge-sheeted by the police by filing a final report before the J.F.C.M. II, Palakkad which took the case on file as C.C. No. 60 of 1997. During the course of the trial, the accused again absconded and all steps to re-capture him were in vain. The case was, thereafter, included in the Long Pending Case Register as L.P. 28 of 2001. The husband of the petitioner moved C.M.P. No. Crl.M.C. NO. 349 of 2008 -:2:- 3425 of 2001 for interim custody of the gold ingot which was already marked as MO1 in the case. The said application was dismissed as per Annexure I order dated 3-08-2001 holding inter-alia that even if the property was released to the applicant it cannot be used by him for any purpose and that it will be safer with the court. Thereafter, the petitioner herself moved the Magistrate by filing an application as Crl. M.P. No. 4160 of 2006 . That also was dismissed by Annexure II order dated 2-11-2006 holding that there was no change of circumstances for taking a view different from the view taken in C.M.P. No. 3425 of 2001 . Hence, this petition under Sec. 482 Cr.P.C. 2. The occurrence took place more than 20 years back. It is true that the accused who was absconding for several years was apprehended and the stolen property though not in specie was recovered from him in the year 1994. But after the commencement of the trial and marking of the property as MO1, the accused again made himself scarce and for the past more than 7 years his whereabouts and even existence are not known. There is absolutely no prospect of continuing with the trial in the near future. Under these circumstances, it will be Crl.M.C. NO. 349 of 2008 -:3:- unjust, if not cruel, to deprive the owner of the property in the form of ingot made out of the precious thali chain ad infinitum . A crime which was committed 20 years ago and the resultant criminal case which started 7 years ago should have some finality. In any view of the matter, the person aggrieved should not be blamed for the inordinate delay in the trial which got stuck up for no reason ascribable to her. Under these circumstances, as a special case, I am inclined to issue a direction to the Chief Judicial Magistrate, Palakkad to omit C.C. 60 of 1997 on the file of the Judl. First Class Magistrate - II, Palakkad from the register and returns altogether with liberty to revive the case in the register of L.P. Case in the unlikely event of the accused being re-captured and produced before court. After omitting the case from the register and returns, the Chief Judicial Magistrate shall permit the Judl. First Class Magistrate to pass final order under Section 452 Cr.P.C. with regard to the gold ingot marked as MO1 taking note of the fact that so far no person other than the petitioner and her husband has come forward claiming interim custody of the ingot in question. 3. This Crl. M.C. is disposed of as above. The Chief Judicial Magistrate shall pass orders within two Crl.M.C. NO. 349 of 2008 -:4:- weeks of receipt of a copy of this order. The Registry shall communicate a copy of this order to the Chief Judl. Magistrate, Palakkad for information and compliance. Sd/-V. RAMKUMAR, (JUDGE) ani. /true copy/