DEVANANDH P. P. Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused Nos. 2 to 4 in C.C. No. 433 of 2023, pending before the Judicial First Class Magistrate Court, Thalassery, arising out of Crime No. 815 of 2022 of Thalassery Police Station, have filed this Crl. M.C. under Sec. 482 of the Code of Criminal Procedure (Cr.P.C.), and the prayers are as follows:

(2.) Heard the learned counsel for the petitioners, the learned counsel appearing for respondents 3 and 4, and the learned Public Prosecutor. Perused the records submitted by the learned counsel for the petitioners, also perused the counter-statements and documents submitted by the 3rd respondent. Case diary produced by the learned public prosecutor also has gone through.

(3.) On the facts of this case, it is noted that the marriage between Nidhin Devanandh (the 1st accused), the son of the 2nd and 3rd accused and the 4th respondent was solemnized on 28/2/2016. At the time of the marriage, the 3rd respondent gave 200 sovereigns of gold ornaments to the 4th respondent. According to the 3rd respondent, a portion of the said gold ornaments was purchased from Krishna Jewellery, and the remaining items were brought from Abu Dhabi. Pursuant to the marriage, both couples went abroad and before that, they kept the 200 sovereigns of gold ornaments in locker No. 154 at the Indian Overseas Bank, Thalassery, in their joint names. During their joint residence, a male child was also born to them. The further allegation is that, when 4th respondent stayed in America along with the 1st accused, he persecuted the 4th respondent demanding that her salary be transferred to his name. The specific allegation is that, thereafter, in connivance with the 2nd accused, who held the position of Manager at the Indian Overseas Bank, Thalassery, he, along with the 5th accused, the then manager, allowed the brother of the 1st accused to operate the locker. Accordingly, on 24/3/2022 and 12/4/2022, the 4th accused opened the locker, removed the gold ornaments, and misappropriated 200 sovereigns of gold kept therein. After the investigation, Annexure-A2 final report was filed on 2/4/2023, alleging that accused Nos. 1 to 4 committed offences punishable under Ss. 498A, 420, 406, 409 read with 34 of the IPC, and that the 5th accused committed offences punishable under Ss. 420, 406, and 409 of IPC.