IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 27TH OCTOBER 2010 / 5TH KARTHIKA 1932 Crl.MC.No. 4062 of 2010() -------------------------------------- (CMP.NO.1915/2010 IN CC NO.1366/2010 IN JUDICIAL FIRST CLASS MAGISTRATE COURT II, KOTTARAKKARA). ........................... PETITIONER(S): PETITIONER: -------------------------------------------- THOMAS KOSHY, S/O.KOSHY, KAIPPALLY HOUSE, PERINGALLOORMURI, EDAMULAKKAL VILLAGE, PATHANAPURAM. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT(S): RESPONDENT IN THE CMP: --------------------------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHADAYAMANGALAM POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4062 OF 2010 =========================== Dated this the 27th day of October,2010 ORDER Petitioner the de facto complainant sought interim custody of the gold ornaments stolen from his house by filing a petition under section 451 of Code of Criminal Procedure in Crime 403/2010 of Chadayamangalam Police Station. When the learned Magistrate dismissed the petition, petitioner challenged it before this court in Crl.M.C.2283/2010. This court in the light of the decision in Sunderbai Ambalal Desai v. State of Gujarat (2003(2) KLT 1089) set aside the order and directed to release the gold ornaments to the petitioner on interim custody, on appropriate conditions including its production before the court when needed. By Annexure 4 order interim custody was granted. This petition is filed under section Crl.M.C.4062/2010 2 482 of Code of Criminal Procedure to delete conditions 1 to 3 in Annexure 4 order. Those conditions are:- 1)The sureties are directed to produce their title deed along with valuation certificate and along with latest tax receipt, or 2) the sureties are directed to produce the bank guarantee for an amount of Rs.1,00,000/-(1 lakh). 3) the sureties are directed to produce the title deed along with solvency certificate. Learned Magistrate directed the sureties either to produce the title deeds or to furnish bank guarantee for Rs.1,00,000/- and also directed to produce the title deeds along with the solvency certificate. If sureties are producing the solvency certificates, there is no necessity to Crl.M.C.4062/2010 3 produce either the title deed or the bank guarantee. Annexure 4 order is therefore modified deleting condition Nos. 1 to 3 but providing that sureties shall produce solvency certificates. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006