IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 Crl.MC.No. 99 of 2008() ----------------------- CMP NO. 5406 OF 2007 ON THE FILES OF J.F.C.M- I, HOSDURG CRIME NO.133/2007 OF RAJAPURAM POLICE STATION PETITIONER: DEFACT COMPLAINANT ------------------------------------------------------------ N.K.HAMEED,S/O.KAMMAD RESIDING AT THEKKEPURAM, AJANUR VILLAGE HOSDURG TALUK. BY ADV. SMT.T.SUDHAMANI RESPONDENTS: --------------------------- THE STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.99 of 2008 = = = = = = = = = = = = = = Dated this the 30th day of January, 2008 ORDER The petitioner, who is the de facto complainant in Crime No.133 of 2007 of Rajapuram Police Station, registered under Sections 457, 380 and 461 IPC, filed Annexure III petition as CMP No.5406 of 2007 under section 451 Cr.P.C, seeking interim custody of 73 items of gold ornaments seized and produced before the court in the above case. The learned Magistrate, as per Annexure V order dated 4.12.07, dismissed the application, even though the Investigating Officer namely the Circle Inspector of Police, Vellarikundu, Police Station had not opposed the application. The main reason given in support of the dismissal is that, if the photograph of the gold ornaments is taken, as indicated in the decision Sundarbhai Ambalal Desai v. State of Gujrat (AIR 2003 SC 638) it may not be possible to get the signature of the accused, since the accused were not willing to affix their signature even to the seizure mahazar. 2. The learned Public Prosecutor in charge of the case, after taking instructions, submitted that the investigating agency has no objection in granting the above 73 items of gold Crl.M.C.No.99 of 2008 2 ornaments on interim custody to the petitioner, who had identified those items as properties stolen from his jewellery shop. It may not be necessary to obtain the signature of the accused while taking the photographs. 3. Accordingly, CMP No.5406 of 2007, filed by the petitioner before the learned Magistrate, shall stand allowed and the said 73 items of gold ornaments shall be granted to the petitioner on interim custody on appropriate conditions including the following:- i) The petitioner shall produce each and every item of property, in specie, as and when called for by the learned Magistrate. ii) The petitioner shall not alter the form or content of the gold ornaments, unless permitted by the trial court, after the trial of the case is over. iii) The petitioner shall execute a bond for such amount as may be fixed by the learned Magistrate and on such sureties as may be insisted by the learned Magistrate. This Crl.M.C is allowed as above. V. RAMKUMAR, JUDGE sj