IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 Crl.MC.No. 4748 of 2008() ------------------------- CC.74/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PONNANI .................... PETITIONER(S): --------------- MEHRA, W/O.SHAMSUDDEEN, VELLATHUPARAMBIL HOUSE, KANHOOR, CHANGARAMKULAM, P.O.MOOKKUTHALA, PONNANI TALUK. BY ADV. SRI.K.RAVEENDRAN SRI.P.K.YUSUFF ISSUDDIN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PERUMBADAPPU POLICE STATION, PERUMBADAPPU. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No.4748 of 2008 ------------------------------------------------- Dated this the 17th day of December, 2008 ORDER The petitioner is aggrieved by the order dated 6/12/07 in C.M.P.No.1032/06. She is the daughter of the de facto complainant/informant in that crime. Gold ornaments belonging to the petitioner were allegedly thieved. Investigation was conducted. Some of the gold ornaments were recovered also. The petitioner applied for release of those gold ornaments. But by the impugned order dated 6/12/07, it was directed that the release at that stage would affect the proper disposal of the pending prosecution. It was hence directed that the prayer for disposal shall be considered at the time of judgment. 2. The petitioner has come to this Court now with the grievance that the case has not been disposed of. Crl.M.C. No.4748 of 2008 -: 2 :- Consequently, she has not been able to get the gold ornaments to her custody. A report of the learned Magistrate was called for. The report of the learned Magistrate shows that one of the co-accused is still absconding and the trial against the accused presently available will take a further period of three months. 3. I am, in these circumstances, satisfied that the learned Magistrate must be directed to consider the prayer in C.M.P.No. 1032/06 afresh. Such re-consideration will have to be done in the light of the decision in Sunderbhai Ambalal Desai v. State of Gujarat (AIR 2003 SC 638). I am satisfied that the grievance of the petitioner does deserve sympathetic consideration in accordance with law. 4. In the result: (a) This Crl.M.C. is allowed. (b) Order dated 6/12/08 in C.M.P.No.1032/06 in C.C.No.74/06 passed by the learned Magistrate is set aside. (c) The learned Magistrate is now directed to consider the prayer afresh in the light of the facts and circumstances presently available. (d) Orders afresh shall be passed by the learned Magistrate within a period of three weeks from the date on which a copy of this order is placed before the learned Crl.M.C. No.4748 of 2008 -: 3 :- Magistrate. 5. Hand over a copy of this order to the learned counsel for the petitioner. SD/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge