IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 Crl.MC.No. 900 of 2010() ------------------------ (CRIME NO.55/2010 OF KADAKKAL POLICE STATION, KOLLAM DISTRICT) PETITIONER: PETITIONER ------------------------- SHINAD, S/O.SAINULABDEEN, THANDATHIRAZHIKATHU VEETTIL, VATTAMUTTAMMUNNUMUKKU, CHITHARA VILLAGE, KOTTARAKKARA TALUK, KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT: RESPONDENT/COMPLAINANT ------------------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.900 of 2010 -------------------------------------- Dated this the 7th day of June, 2010 ORDER The petitioner who is the de facto complainant in Crime No.55/2010 of Kadakkal Police Station for offences punishable under Sections 457 and 380 I.P.C. in respect of several items of gold ornaments (admittedly belonging to the petitioner) applied to the Magistrate-II, Kottarakkara as per C.M.P.No.846/2010 for interim custody under Section 451 Code of Criminal Procedure. Even the learned Public Prosecutor in charge of the case had no objection to the claim for interim custody. The court below however dismissed the application as per the impugned order dated 5/2/2010 holding inter alia that the gold ornaments are necessary for identification during the evidence in the case and that they are not perishable items. 2. The view taken by the Court below is not just and reasonable, particularly in the light of Sunderbhai Ambalal Desai Vs. State of Gujarat AIR 2003(SC)638. C.M.P.No.346/2010 filed by the petitioner before the court below shall stand allowed and the gold ornaments shall be Crl.M.C.No.900/2010 : 2 : entrusted to the petitioner on interim custody on his executing a bond for an appropriate amount fixed by the Magistrate and on an undertaking to produce the same before the court, as and when required, in the same condition in which it is released to him. V.RAMKUMAR, JUDGE skj