THOMAS KOSHY Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is the de facto complainant in a theft case in which gold ornaments weighing 61 grams, cash worth Rs.8,000/- were allegedly stolen from his property. The Chadayamangalam Police Registered Crime No. 403 of 2010 and the case is pending before the JFCM - II, Kottarakkara as CC No. 1366/2010. After the production of the gold ornaments before Court the petitioner filed application under S.451 CrPC for interim custody of the gold ornaments. The said application was dismissed as per order dated 06/05/2010 mainly for the reason that if the ornaments are released to the petitioner there is every chance of altering the same. Hence this petition under S.482.

(2.) IN the light of the decision of the Apex Court in Sunderbai Ambalal Desai v. State of Gujarat, 2003 KHC 535 : 2003 (2) KLT 1089 (SC) : 2002 (10) SCC 283 : AIR 2003 SC 638, I do not think that the impugned order is sustainable. The gold ornaments shall be released to the petitioner on interim custody on appropriate conditions including their production before Court in the same state, during the trial of the case.