IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 Crl.MC.No. 2367 of 2010() ------------------------- PETITIONER(S): --------------- THE RAMAPURAM SERVICE CO-OPERATIVE BANK LTD.F.1445,PO RAMAPURAM,MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY,K.P.KUNHIMUHAMMED, S/O.MOOSA,AGED 52 YEARS,KARIMPANAKKAL HOUSE, PUZHAKKATTERI PO,PERINTHALMANNA TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, KOTTAKKAL POLICE STATION. 2. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR MR.C.S.HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No. 2367 of 2010 -------------------------------------- Dated this the 6th day of July, 2010 ORDER Petitioner, which is a Co-operative Bank transacting business in Malappuram District, seeks to quash Annexures A1 and A2 notices dated 2.4.2009 issued by the Sub Inspector of Police, Kottakkal Police Station and also seeks to permission to the petitioner to sell the gold ornaments pledged as per loan accounts GLE 016809 and GLE 017214 after taking photographs of the said ornaments. 2. The gold ornaments constituting the subject matter of the aforesaid loan accounts were pledged before the petitioner bank by one Sainul Abid for the purpose of availing a loan of Rs.1,50,000/- after mis-representing to the bank that he is the absolute owner in respect of those gold ornaments. As a matter of fact, the gold ornaments belong to one Kunhipathumma and the case of the prosecution is that one Abdul Rasheed, who is the accused in Crime Nos.122 and 131 of 2009 of Kottakal Police Station had induced the said Kunnhipathumma to part with the said gold ornaments by practicing black magic on her and he had entrusted Sainul Crl.M.C. No.2367 of 2010 : 2 : Abid to pledge the gold ornaments with the petitioner Bank. According to the 1st respondent Sub Inspector of Police, those gold ornaments are the subject matter of cheating practiced by the said Abdul Rasheed on Kunhipathumma and therefore the police have every right to restrain the bank from parting with the gold ornaments either by way of public auction or otherwise. If, as a matter of fact the gold ornaments covered by the aforesaid loan accounts are the subject matter of cheating involved in the aforesaid crimes, the police can seize the ornaments under a mahazar. Therefore, the petitioner shall stand restrained from parting with the gold ornaments either by Public Auction or otherwise for a period of one month from today during the course of which the Investigating Officer can seize the same from the petitioner bank. This M.C is disposed of as above. V.RAMKUMAR, JUDGE dmb