IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 29TH JULY 2010 / 7TH SRAVANA 1932 Crl.MC.No. 2572 of 2010() ------------------------- CMP.6259/2009 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONER(S): PETITIONER --------------------- A.P.AJAYAN,OFFICIAL RECEIVER, DISTRICT COURT,THIRUVANANTHAPURAM. BY ADV. SRI.JACOB SEBASTIAN SRI.S.SANTHOSH KUMAR (BALARAMAPURAM) RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. DEPUTY SUPERINTENDENT OF POLICE, C.B.C.I.D,CRIME BRANCH, JAWAHAR NAGAR, THIRUVANANTHAPURAM. 3. CIRCLE INSPECTOR OF POLICE, MEDICAL COLLEGE,THIRUVANANTHAPURAM. 4. SABARINATJH.J.R,S/O.RAJAN,AGED 21 YEARS, SABARI NIVAS, KODAGAVILA PO, ARALUMOODU,NEYYATTINKARA 695 525. PUBLIC PROSECUTOR SRI. C.K. SURESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J ........................................... Crl.M.C. No. 2572 of 2010 .............................................. Dated: 29th day of July, 2010 ORDER Heard the learned counsel for the petitioner/Official Receiver and learned the Public Prosecutor Sri. Suresh. 2. While D schedule properties consisting of computer parts and allied electronic goods cannot be returned to the petitioner on interim custody since they are being inspected by the CIDAC, Thiruvananthapuram. B and C schedule items which are gold ornaments , jewellery, diamond items etc. and currencies can be released to the petitioner on interim custody in view of the decision of the Apex Court in Sundarbai Ambalal Desai v. State of Gujrat – AIR 2003 SC 638 on appropriate undertaking and on his executing a bond on such terms which the Addl. Chief Judicial Magistrate, Thiruvananthapuram may fix. Annexure - IV common order dated 11- 5-2010 in C.M.P. No. 5203 of 2009 and connected cases passed by the ACJM shall stand modified to the above extent. This M.C. is partly allowed as above. V. RAMKUMAR, JUDGE