IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 1ST FEBRUARY 2010 / 12TH MAGHA 1931 Crl.MC.No. 212 of 2010() ------------------------ CMP.564/2009 & C.M.P. 7120/08 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, NEDUMANGAD CRIME NO. 92/2008 OF VENJARAMOODU POLICE STATION. .................... PETITIONER(S): --------------------- JAYACHANDRAN, S/O.PERUMAL ACHARI NARAYAN MANICKAL MURI, VENJARAMOODU.P.O, VENJARAMOODU, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.VENJARAMOODU.M.ZIYAD SRI.SANU.S.PANICKER RESPONDENT(S): ----------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THE SUB-INSPECTOR OF POLICE, VENJARAMOODU POLICE STATION, THIRUVANANTHAPURAM DISTRICT. PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 212 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of February, 2010. ORDER This is a petition filed under Section 482 of the Code of Criminal Procedure seeking to have one of the conditions in Annexures 3 and 4 orders passed by the Judicial Magistrate of the First Class-I, Nedumangadu quashed. 2. Petitioner is the defacto complainant in Crime No.92 of 2008 of Venjaramoodu Police Station. On 21.2.2008 at about 9.30 p.m., it is stated that the petitioner and his staff were attacked by the accused and robbed of gold ornaments worth Rs.14 Lakhs. The miscreants were apprehended and the gold ornaments were recovered. By Annexures A3 and A4 orders interim custody of the gold ornaments were given to the petitioner. 3. It is seen that the court below has not adverted to the decision reported in Sunderbhai Crl.M.C.212/2010. 2 Ambalal Desai v. State of Gujarat (AIR 2003 SC 638), which deals with the procedures to be followed by the court while granting interim custody under Section 451 of the Cr.P.C. There is no reason as to why those procedures should not be followed. In the result, this petition is allowed, Annexures A3 and A4 orders are set aside and the learned Magistrate is directed to dispose of the matter strictly in accordance with the decision in Sunderbhai Ambalal Desai's case within a period of two weeks from today. P. BHAVADASAN, JUDGE sb.