IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 Crl.MC.No. 3190 of 2008() ------------------------- CMP.3799/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR .................... (CR.NO.460/2008 OF TIRUR POLICE STATION) PETITIONER: PETITIONER:DE-FACTO COMPLAINANT: -------------------------------------------------------------------------------- K.PARAMESWARAN, AGED 60 YEARS, S/O.NARAYANAN NAIR, MANAGING PARTNER, KARATHUR BANKERS, TIRUR, RESIDING AT KARUVABNGATTIL HOUSE, ALATHIYOOR AMSOM, POILISSERRY AMSOM, TIRUR TALUK. BY ADV. SRI.V.JOHN SEBASTIAN RALPH SRI.G.UNNIKRISHNON RESPONDENTS: RESPONDENTS:COMPLAINANT: ------------------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE S.I OF POLICE, TIRUR (CR.NO.460/2008, TIRUR P.S), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3190 of 2008 ------------------------------------------------- Dated this the 21st day of August, 2008 ORDER The petitioner is the de facto complainant in an alleged crime of theft. He is a banker. From his possession gold ornaments were stolen. Those gold ornaments do not belong exclusively to the petitioner, though he was in possession of the same. They actually belong to the customers of the petitioner who had entrusted it to the petitioner. The petitioner applied for release of those gold ornaments. The gold ornaments were ordered to be released under the impugned order subject to conditions. There was a specific direction that “he shall produce the properties upon further direction by Sessions Court”. The petitioner claims to be aggrieved by this direction. He seeks leave of this court to enable him to return the gold ornaments to the persons who Crl.M.C. No. 3190 of 2008 -: 2 :- had entrusted the same to him. 2. I am of opinion that the petitioner must move the learned Magistrate to modify the condition imposed. In such petition, the learned Magistrate must necessarily give notice to the persons from whose possession the ornaments were recovered. Thereafter, after hearing the petitioner, the learned Public Prosecutor and all other interested, expeditious orders must be passed on such application to delete the condition. Realities of the situation must be borne in mind and appropriate directions must be issued by the learned Magistrate. 3. This Crl.M.C. is, in these circumstances, dismissed with the above observations. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 3190 of 2008 -: 3 :-