IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 Crl.MC.No. 3626 of 2008() ------------------------- CRIME NO. 298/2008 OF ERNAKULAM TOWN NORTH POLICE STATION CMP.2630/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM .................... PETITIONER(S): DEFACTO COMPLAINT:- ---------------------------------- MR.T.V.ALIYAR, SON OF T.M.VEERAN, AGED 58 YEARS, RESIDING AT THEKKEKUNNATH HOUSE, C.C.NO.44/1914 DESHABIMANI ROAD, KALOOR DESOM, KALOOR P.O., KOCHI 682 017, ELAMKULAM VILLAGE, KANAYANNOOR TALUK, ERNAKULAM. BY ADV. SRI.A.K.SRINIVASAN SRI.N.S.MOHAMMED USMAN SRI.A.S.BENOY RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED' BY S.I. OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3626 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of October, 2008 O R D E R The grievance of the petitioner is that a gold ingot, which is in the custody of the court and the interim release of which he had sought pending disposal of the case against the accused, was turned down by the learned Magistrate without justifiable reasons. 2. The petitioner is the defacto complainant in a prosecution for the offence of theft. 127 grams of gold ornaments were allegedly stolen from the possession of the petitioner. The accused was arrested and recovery of a gold ingot weighing 120 grams was made by the Investigator. The gold ingot has been produced before the learned Magistrate. The petitioner claims release of the ingot. The learned Magistrate by the impugned order rejected the application taking the view that the article involved is gold ingot and a direction for release need be issued only after final disposal of the case. Crl.M.C.No. 3626 of 2008 2 2. In the nature of the stand taken, the report of the learned Magistrate was called for and the learned Magistrate in his report submits that the case can be disposed of within a period of three months from 15.10.2008. I am satisfied, in these circumstances, that it is not necessary to direct release of the gold ingot to the petitioner now. The person from whose custody the ingot was seized is not made a party to this proceedings. The interests of justice shall be eminently served by directing the learned Magistrate to dispose of the case as expeditiously as possible – at any rate before 31.1.2009. The learned Magistrate, while disposing of the case, shall pass appropriate orders regarding release/custody of the gold ingot involved. 3. This Crl.M.C. is accordingly dismissed. (R. BASANT) Judge tm