IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 Crl.MC.No. 3042 of 2011() ------------------------- ORDER DT. 2.8.2011 IN CRL.M.P 1968/2011 IN SESSIONS CASE NO.320/09 of ADDL. SESSIONS COURT (ADHOC)-II, KALPETTA. .................... PETITIONER/PETITIONER: ------------------------- SANEESH, S/O.KUNHIKKANNAN, AGED 28 YEARS PATHIL HOUSE, THODARNADU VILLAGE, MANANTHAVADY TALUK. BY ADV. SMT.CELINE JOSEPH RESPONDENT/RESPONDENT: --------------- STATE OF KERALA SUB INSPECTOR OF POLICE, MANANTHAVADY,REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.JAISURYA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX(CRL.M.C.3042/11) PETITIONER'S EXTS.: ANNEXURE A: TRUE COPY OF THE PETITION IN CRL.M.P.NO.1968/11 BEFORE THE ADDITIONAL SESSIONS COURT-II, KALPETTA. ANNEXURE B: TRUE COPY OF THE ORDER DATED 2.8.2011 IN CRL.M.P.1968/11 OF THE ADDITIONAL SESSIONS COURT (ADHOC)-II, KALPETTA. N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3042 of 2011 ---------------------------------------------------- Dated this the 20th day of September, 2011 Order The petitioner is the defacto complainant in Sessions Case No.320 of 2009 of the Additional Sessions Court (Adhoc)-II, Kalpetta. A petition was filed by the petitioner before that court under Section 451 Cr.P.C. for getting interim release of gold ingots which were stated to have been subsequently converted as gold bars. The learned Sessions Judge dismissed the petition stating that if the property is released, it would cause prejudice to the trial. The learned Sessions Judge stated that the petitioner can apply to expedite the trial. 2. The learned counsel for the petitioner submits that the petitioner will execute bond for proper return of the property if it is released to him. The learned counsel has relied upon the decision of the Supreme Court in Sunderbhai Ambalal Desai v. State of Gujarat [2003(2) KLT 1089(SC) ] in support of her submission that such properties are to be released under Section 451 Cr.P.C. In the light of the aforesaid decision, the learned Additional Sessions Judge will reconsider the petition filed by the Crl.M.C.3042/11 2 petitioner for getting interim release of the gold ingots and will pass appropriate orders. The learned Sessions Judge will also see the possibility of disposing of the Sessions Case itself so that the disposal can be had under Section 452 Cr.P.C. also. If the trial and disposal of the case cannot be had in the near future, the learned Judge will give interim release of the property on such conditions as that court may deem fit. The Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.3042/11 3 Crl.M.C.3042/11 4