2025:KER:26925 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 CRL.MC NO. 1470 OF 2025 CRIME NO.28/2015 OF Gandhinagar Police Station, Kottayam AGAINST THE ORDER DATED 31.07.2024 IN CC NO.446 OF 2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, ETTUMANOOR PETITIONER/PETITIONER: SIJITH @SREEJITH AGED 47 YEARS S/O. SIDDARDH, ELAMPALLY HOUSE, CHUNKAM BHAGOM,MALLUSSERRY P.O, PERUMBAYIKADU VILLAGE, KOTTAYAM, PIN – 686041. BY ADVS. P.M.JOSHI SIJI K.PAUL SRUTHI SUNILKUMAR C.GOKULKRISHNAN SURESH MATHEW RESPONDENT/ RESPONDENT : 1 STATE OF KERALA REPRESENTED BY SHO, GANDHINAGAR POLICE STATION,KOTTAYAM, PIN - 686008 2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031. SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:26925 CRL.MC NO. 1470 OF 2025 2 ORDER Petitioner is the owner of MOs 1 to 3 produced in C.C No.446 of 2015 pending on the files of the Judicial First Class Magistrate Court-I, Ettumanoor. The case originated from Crime No.28 of 2015 registered at the Gandhinagar Police Station, Kottayam for offences under Sections 454, 461 and 380 of the Indian Penal Code. 2. The prosecution allegation is that between 3.1.2015 and 4.1.2015, the gold ornaments, MOs 1 to 3 were stolen by the accused from the petitioner’s house. The stolen articles were sold to CW4 and with the proceeds of the crime, the accused purchased a motorcycle. Based on the statement under Section 27 of the Indian Evidence Act given by the accused, the gold ornaments were recovered from the shop of CW4 and produced in court. Thereafter, the petitioner filed an application under Section 451 of the Cr.P.C which was dismissed. After trial and conviction of the accused, an 2025:KER:26925 CRL.MC NO. 1470 OF 2025 3 application under Section 452 was filed, which was also dismissed on the premise that an appeal is pending. The appeal was allowed by the court and the matter remitted to the trial court for conducting trial afresh. At that stage, the petitioner again moved an application under Section 451 which stands dismissed by the impugned order. 3. Learned counsel for the petitioner submits that the articles were stolen from the petitioner’s possession and neither the accused nor CW4 have raised any claim over the ornaments. It is submitted that the petitioner has been waiting to get his ornaments released for more than 10 years. 4. I heard the learned Public Prosecutor also. 5. I find substantial merit in the contention of the counsel for the petitioner that as no other person has claimed right over the ornaments, which admittedly was stolen from the petitioner’s residence, the court below could have released the ornaments on interim custody to the petitioner subject to 2025:KER:26925 CRL.MC NO. 1470 OF 2025 4 conditions. The Crl.M.C is hence disposed of by quashing Annexure A5 order and directing the trial court to release the gold ornaments belonging to the petitioner by imposing appropriate conditions. Sd/- V.G.ARUN JUDGE Sru 2025:KER:26925 CRL.MC NO. 1470 OF 2025 5 APPENDIX OF CRL.MC 1470/2025 PETITIONER’S ANNEXURES Annexure A1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT DATED 06-01-2015 IN CRIME NO. 28/2015 Annexure A2 THE TRUE COPY OF THE JUDGMENT IN CC.NO.446 OF 2015 DATED 9-5-2019 Annexure A3 THE TRUE COPY OF THE ORDER IN CMP NO.729/2022IN CC.NO.446 OF 2015 DATED 19-02- 2022 Annexure A4 THE TRUE COPY OF CMP NO. 3637 OF 2024 DATED 21-05-2024 SUBMITTED IN THE JFCM -1 ETTUMANOOR PRAYING FOR INTERIM CUSTODY OF MOL TO M03 Annexure A5 THE CERTIFIED COPY OF THE IMPUGNED ORDER DATED 31-07-2024 IN CMP NO. 3637 OF 2024 IN CC.NO.446.OF 2015