IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 Crl.MC.No. 1287 of 2008() ------------------------- SC.7/2007 of ADDL.SESSIONS COURT (ADHOC)-II, KOTTAYAM .................... PETITIONER: ------------------------ SURESH KHIMRAJ JI SHAH, AGED 39 YEARS, S/O.KHIMRAJ JI SHAH, 80/82 BHANJI STREET, 3RD FLOOR, RATHNAMILAN BUILDINGS, A-PART, SYAVERI BAZAR, MUMBAI, MAHARASHTRA. BY ADV. SRI.VIJU THOMAS SMT.M.MEENA JOHN RESPONDENTS: ---------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM(CRIME NO.286/06 OF PAMPADY, POLICE STATION). BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1287 of 2008 = = = = = = = = = = = = = = = = = Dated this the 3rd day of April, 2008 ORDER Petitioner, who claims to be the victim of a robbery while travelling with two persons along the Kottayam-Kumily road with about 20 kgs of gold ornaments for selling to different gold shops, alleges that five masked persons intercepted his vehicle in which the petitioner was travelling and he was robed of the gold ornaments. This resulted in the Pampady Police registering a case as Crime No.286/2006 for an offence punishable under Section 395 IPC. On the arrest of the accused, 12.100 kgs (12.025 Kgs according to the learned Public Prosecutor) were recovered. During the crime stage, the petitioner moved the J.F.C.M-I, Kottayam for interim custody of the gold ornaments produced before the court. The learned Magistrate granted interim custody of the gold ornaments on the petitioner furnishing bank guarantee for a sum of Rs.1 crore from a nationalised bank in addition to execution of a bond for Rs.2,00,000/- with two solvent sureties each for the like amount. Aggrieved by the conditions imposed by the Magistrate, the Crl.M.C.No. 1287 of 2008 2 petitioner approached this Court by filing Crl.M.C.No.4093/2006. This Court modified the condition obliging the petitioner to execute a bond for Rs.1 crore with two solvent sureties each for the like sum. 2. Admittedly, the petitioner has not executed the bond nor has he obtained interim custody of the gold ornaments pursuant to the order of this Court. The case is pending trial before the Additional Sessions Court Fast Tract-II, Kottayam as S.C.No.7of 2007. The trial of the case is virtually over and the case stands posted for examination of the accused under Section 313 Cr.P.C. It is at that stage that the petitioner has approached this Court with this petition under Section 482 Cr.P.C., seeking release of the gold ornaments. In the meanwhile, the Presiding Judge has retired from service with effect from 31.2.08. Presently there is no Presiding Officer in that Court. Since the petitioner has not complied with the conditions imposed by this Court in Crl.M.C No.4093/2006, he has not got the gold ornaments on interim custody. Until the case is over and a final order for disposal of the property under Section 452 Cr.P.C is passed, the ornaments cannot be released to the petitioner except in accordance with Crl.M.C.No. 1287 of 2008 3 the order dated 1.1.07 in Crl.M.C.No.4093/2006 passed by this Court. At the same time the petitioner who was robed of gold ornaments worth crores cannot be deprived of his properties for long since he is legitimately entitled to the same. Under these circumstances, I am inclined to transfer S.C.No.7/2007 pending before the Additional Sessions Court Fast Tract-II, Kottayam to the Principal Sessions Court who may either complete the trial or make over the case to an Additional Court where the pendency is relatively low with a direction for an early disposal of the case. Every endeavour shall be made to dispose of the case expeditiously , at any rate, within one month of resumption of the trial. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE sj