KURIAN K S Vs. STATE OF KERALA

JUDGEMENT

(1.) THE issue involved is common, we dispose of these writ petitions by a common judgment.

(2.) THE case of the petitioners in brief is as follows: The petitioner in W.P.(C)No.13118/2012 is the Branch Manager of Muthoot Fincorp and the petitioner in W.P.(C) No.13897/2012 is the Area Manager of the same company. The company is doing business in gold loan and other money transactions. It is stated that it is a reputed company and has so many years of standing in the field. They are doing the business in accordance with law. One lady by name Mayusha approached the Mattanchery branch of the company and pledged gold ornaments after complying with all formalities and loan was sanctioned against gold. The petitioners had received a notice from the Sub Inspector of Police, Palarivattom directing to produce the gold ornaments pledged as loan No.F.96353. Though the petitioners tried to ascertain the details from the police station, they could not get any details other than the notice regarding details of the crime registered. According to the petitioners, they accepted the gold after complying with all the formalities and they are prepared to co-operate with the investigation. The petitioners' apprehension is that if they produce the good ornaments before the police, there is no assurance that they will have any control over the property. It is also unsafe to keep the gold ornaments in the police station as observed by the Apex Court in the decision reported in Sunderbhai Ambalal Desai v. State of Gujarat (2002 (10) SCC 283), it is contended. According to the petitioners, the pawner has got clear title over the property at the time of pledging the property with the company.

(3.) AFTER hearing the learned counsel for the parties, we are of th view that the following order has to be passed in the interests of justice. Notice will again be issued to the petitioners calling upon them to produce the gold involved. Upon receipt of the notice, the petitioners will comply with the same. Thereupon the respondent authority upon receipt of the gold from the petitioners will produce the gold before the Magistrate at the earliest. At the time of production, the respondent officers will issue notice to the petitioners so that they may be in a position to take appropriate steps under Section 451 of the Cr.P.C. Needless to say that the manner in which the Magistrate has to deal with such a situation has already been adverted to by the Apex Court which we have extracted in our judgment.