IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 Crl.MC.No. 2137 of 2009() ----------------------------------- CRL.MP.2081/2009 OF JUDICIL FIRST CLASS MAGISTRATE COURT, ADOOR. ............. PETITIONER(S): ----------------------- RAJ KANNAN, S/O.RAJAN, PANAYANCHERRY, THUVAYOOR SOUTH, KADAMBANAD VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. MR.K.J.KURIACHAN RESPONDENT(S): -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2137 of 2009 -------------------------- ORDER Gold ornaments stolen and involved in Crime No.155/2009 of Enathu Police Station, were seized by the police during investigation and produced before the court. Petitioner, claiming to be the owner, filed Crl.M.P.No.2081/2009 under Section 451 of Code of Criminal Procedure for interim custody of the gold ornaments. Under Annexure-III order, Magistrate dismissed the petition for the reason that one of the accused is yet to be arrested and as investigation is not complete, progress of the investigation would be affected if interim custody is granted. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-III order and for interim custody of the gold ornaments. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned Public Prosecutor did not dispute the fact that the stolen gold ornaments, which were seized CRMC 2137/09 2 and produced before the court, belong to the petitioner. In such circumstances, petitioner is, definitely, entitled to get interim custody of the gold ornaments. The question is whether granting of interim custody would affect the investigation. The fact that one of the accused is yet to be arrested is not a ground to deny interim custody. So also investigation is not to be affected by the interim custody, if given. In such circumstances, learned Magistrate should have granted interim custody of the gold ornaments to the petitioner. Petition is allowed. Annexure-III order is quashed. Crl.M.P.No.2081/2009 on the file of Judicial First Class Magistrate's Court, Adoor stands allowed. Interim custody of the gold ornaments shall be given to the petitioner on executing a bond for Rs.1,50,000/- with two solvent sureties each for the like sum to the satisfaction of Judicial First Class Magistrate, Adoor on condition to produce the same as and when necessary. 16th July, 2009 (M.Sasidharan Nambiar, Judge) tkv