IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 25TH MAY 2011 / 4TH JYAISHTA 1933 WP(C).No. 13948 of 2011(P) -------------------------- PETITIONER: --------------- V.VIJAYAKUMAR, S/O.APPU NAIR, RESIDING AT 34/334(4), "AKSHAYA", VADAKKANTHARA.P.O., PALAKKAD-12. BY ADV. MR. G.HARIHARAN MR. PRAVEEN.H. RESPONDENTS: --------------- 1. CIRCLE INSPECTOR OF POLICE, PERINTHALMANNA POLICE STATION, PERINTHALMANNA, PALAKKAD DISTRICT. 2. THE SYNDICATE BANK, PALAKKAD MAIN BRANCH, PALAKKAD, REPRESENTED BY THE SENIOR BRANCH MANAGER. BY GOVERNMENT PLEADER MR. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 13948 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 25th May , 2011 JUDGMENT The case of the petitioner is that, despite finalization of the criminal case registered against him, the key of the bank locker No. 98 stated as taken into custody by the first respondent is still to be returned, which hence is sought to be enforced by interference of this Court. 2. Heard the learned Government Pleader as well 3. The petitioner, his wife and son were implicated as accused in Crime No. 783 of 2001 of Perinthalmanna Police Station. Pursuant to the charge sheet submitted by the Police after investigation under Section 173 of Cr. P.C., the case was numbered as C.C. 219 of 2002 of the Judicial First Class Magistrate's Court, Perinthalmanna for the offences under Section 417, 429, 420, 465, 468 r/w s. 34 of IPC. Later, the matter was settled 'out of Court' between the petitioner and the defacto complainant and Crl. M.C. No. 2973 of 2010 was filed before this Court for quashing the charge in view of the settlement. As borne by Ext. P1, the said Criminal M.C was allowed by this Court on 29th September, 2010. 4. During the pendency of the proceedings before the trial court as above, the petitioner had approached this Court earlier for W.P. (C) No. 13948 of 2011 : 2 : permission to operate the locker No. 98 (provided by the second respondent Bank) by filing O.P. No. 33254 of 2002. As per Ext. P2 judgment dated 16.12.2002, the said matter was disposed of, enabling the petitioner to operate the same, however, with advance notice to the police, which according to the petitioner very much inconvenient to him. 5. In any view of the matter, by virtue of the 'out of court settlement' and quashing the charge as per Ext. P1 order passed by this Court in Crl. M.C. 2973 of 2010, the matter has become final. But the first respondent did not choose to return the key of the locker to the petitioner, despite the many a demand made by the petitioner. 6. Considering the facts and circumstances, this Court finds that, the petitioner is entitled to succeed. The key of the locker seized from the petitioner in connection with criminal case is no longer required to be retained by the first respondent under any circumstances. Accordingly, the first respondent is directed to return the key of the locker bearing No. 98 to the petitioner forthwith, at any rate within 'three days' from the date of receipt of a copy of this judgment. The Writ Petition is allowed. No cost. P. R. RAMACHANDRA MENON, JUDGE kmd