IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 Crl.MC.No. 2718 of 2009() ------------------------------------ CRMP.6713/2009 of CHIEF JUDL.MAGISTRATE COURT, ERNAKULAM .................... PETITIONER/ACCUSED NO.4 ---------------------------------------- NISHA RANJITH, AGED 34 YEARS, VILLA NO.8, PERIYAR HERMITAGE, THAIKKATTUKARA P.O. COMPANYPPADI, ALUVA, ERNAKULAM DISTRICT, HAVING PERMANENT RESIDENCE AT SUMA VIHAR, PRAVACHAMBALAM, NEMOM,THIRUVANANTHAPURAM DISTRICT. BY ADV. MR.C.S.MANU MR.S.K.PREMRAJ RESPONDENT/COMPLAINANT ------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB-INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM. REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2718 OF 2009 ------------------------------------------ Dated 3rd November 2009 O R D E R In crime No.1298/2009 of Central Police, Ernakulam registered against four accused including the petitioner and her husband who is first accused, under Sections 468, 471 and 511 of 420 read with Section 34 of Indian Penal Code, 57 items of properties including gold ornaments, mobile phones, dresses etc. were seized and produced before the Magistrate. Petitioner filed Crl.M.P.6713/2009 for interim custody of the articles under Section 451 of Code of Criminal Procedure. By Anenxure-A4 order learned Magistrate dismissed the petition. This petition is filed under Section 482 of Code of Criminal Procedure to quash the order and to release the articles contending that petitioner is entitled to interim custody of the articles. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned Chief Judicial Magistrate Crmc 2718/09 2 dismissed the petition for the reason that case is still under investigation and source by which properties were purchased is not established and contention that valuable properties were gifted by her parents, is not substantiated and prima facie it appears that articles were purchased using money obtained by cheating. Articles seized and produced of which interim custody was sought for include the Thalimala of the petitioner, her dresses and ornaments. In such circumstances, learned Chief Judicial Magistrate was not justified in dismissing the petition as a whole without considering the entitlement of the petitioner who sought interim custody of the different items of the properties seized and produced. If the properties seized and produced, before the learned Magistrate belong to the petitioner, learned Magistrate can grant interim custody of those movables on sufficient security. As the learned Magistrate did not consider this aspect, while dismissing the petition, Annexure-A4 order is quashed. Petition is allowed. Crl.M.P.6713/2009 in crime No.1298/2009 of Central Police Station, Crmc 2718/09 3 Ernakulam is remanded to Chief Judicial Magistrate, Ernakulam for fresh disposal in accordance with law after hearing the petitioner as well as the prosecutor. M.SASIDHARAN NAMBIAR, JUDGE. uj.