W.P.No.1425 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.01.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.No.1425 of 2025 Muthoot Fincorp Ltd., Rep. by its Zonal Manager Mrs.Jessy Joseph Having Zonal Office at Old No.16, New No.55, 1st Floor Govindan Road, West Mambalam, Chennai-600 033. ...Petitioner Vs. 1. State Rep. by Inspector of Police Andhiyur Police Station Erode. (Crime No.204 of 2024) 2. Mahadurai S/o.Mathaiyan 3. Sukumar S/o.Ramakrishnan 4. Karunamoorthy .B S/o.Bommanayakar Page Nos.1/6 https://www.mhc.tn.gov.in/judis W.P.No.1425 of 2025 5. Anbalagan S/o.Vishwanathan 6. Gowthaman 7. Lakshmanan V S/o.Veerappan 8. Elango Krishnasamy S/o.Krishnasamy 9. Maheshwari Mathaiyan C/o.Shanmugam 10. Prakash .G S/o.Gurusamy ...Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to forbear the 1st respondent from seizing the ornaments pledged by the respondent Nos.2 to 10 which is with the writ petitioner. For Petitioner : Mr.T.Sai Krishnan For Respondents : Mr.S.Vinoth Kumar Government Advocate (Crl.Side) for R1 O R D E R Heard Mr.T.Sai Krishnan, learned counsel for the petitioner and Mr.S.Vinoth Kumar, learned Government Advocate for R1. Issuance of Page Nos.2/6 https://www.mhc.tn.gov.in/judis W.P.No.1425 of 2025 notice to R2 to R10 is dispensed with. 2. The petitioner is a Non-Banking Financial Company. It accepts pledge of gold jewelery and grants loan. It appears that the accused in Crime No.204 of 2024 registered on the file of the first respondent have pleaded the subject jewelry with the petitioner herein and availed loan. 3. It is the case of the prosecution that those jewelery were obtained by deception by the accused. 4. I fail to understand the mistake committed by the petitioner herein. Assuming the petitioner have not dealt with any stolen jewelery and they had accepted the pledge in regular course of business, the question that arises is whether the first respondent is permitted to seize the petition mentioned jewelery. 5. My attention is drawn to the order dated 27.09.2023 in W.P.(MD)N.17697 of 2023, paragraph Nos.13 and 14 of said order read as follows: ''13.The question is whether for the purpose of investigation and trial, whether the gold jewels are required and if so, where the gold jewels are to be kept until trial is completed. As already observed above, in case if these gold jewels are handed over to the police, they are required to deposit the same in the Court and the Court may likely to pass orders either for interim custody or final Page Nos.3/6 https://www.mhc.tn.gov.in/judis W.P.No.1425 of 2025 custody depending upon the stage and trial of the case. Therefore, so far as the investigation is concerned, if an order is passed by this Court directing the petitioner company not to auction the gold jewels and keep them with the petitioner company itself intact until entire investigation is completed, then depending upon the directions of the learned Magistrate or trial Court, the petitioner company can produce before the trial Court at the time of trial. In case, if during the course of investigation, police requires the gold jewels for the purpose of conducting of Test Identification Parade of the properties, then the concerned police can direct the petitioner company to produce the gold jewels, on which, the responsible officer of the petitioner company will have to produce them at the given date and time after completion of identification parade, the officer of the petitioner company police will take the jewels back and deposit in the safe custody with the petitioner company. 14.As the respondent police are not intending to seize the jewels, this petition is disposed of with the following directions:- 1. The petitioner company is directed to keep all the gold jewels as described in the petition intact with the petitioner company itself in safe custody; 2. The petitioner company shall not sell or auction all the gold jewels without permission of the Court; 3. The petitioner company shall produce these gold jewels as and when directed by the respondents police during the course of investigation if at all the police intend to conduct Test Identification Parade or for any other similar purpose; 4. The petitioner company shall also produce the gold jewels before the Court in case the trial Court directs the petitioner company to produce them during the course of trial; 5. The trial Court is directed not to consider application under Section 451 of Cr.P.C. and is directed to pass appropriate orders at the time of disposal of the main Page Nos.4/6 https://www.mhc.tn.gov.in/judis W.P.No.1425 of 2025 case in Crime No.27 of 2023 in respect of disposal of the property under Section 452 of Cr.P.C. If at all any application is filed under Section 451 of Cr.P.C., the trial Court shall issue notice to the petitioner company before considering the same; 6. In case, if the petitioner company or the respondents police aggrieved by the orders passed under Section 452 of Cr.P.C. by the learned Magistrate, then the aggrieved party can approach the appropriate Court to challenge the same; and 7. The gold jewels should be photographed at the cost of the petitioner company and a list is to be prepared and the same is to be signed by the petitioner company.'' 6. It appears that Hon'ble Supreme Court of India had also adopted similar approach in S.L.P.No.9539 of 2023 on 19.02.2024. 7. The present writ petition is also disposed of on the same lines as that of the order dated 27.09.2023 in W.P.(MD)N.17697 of 2023. There shall be no order as to costs. 17.01.2025 Speaking Order/Non-speaking order Index: Yes/No Internet: Yes/No mk / ms Page Nos.5/6 https://www.mhc.tn.gov.in/judis W.P.No.1425 of 2025 G.R.SWAMINATHAN, J., mk / ms To 1. The Inspector of Police Andhiyur Police Station Erode. 2. The Public Prosecutor, High Court, Madras. W.P.No.1425 of 2025 17.01.2025 Page Nos.6/6 https://www.mhc.tn.gov.in/judis