K.L. MARIAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) On 22.7.2018, some unknown persons entered the house of the petitioner, who is a lady aged 70 years, and committed theft of ornaments. Theft was also committed in the adjacent house belonging to the brother-in-law of the petitioner. Alleging that 3 ? sovereigns of gold and 1.25 lakhs were stolen, information was furnished before the East Police Station, Thrissur and a Crime was registered as Crime No.611/2018 inter alia under Section 379 of the IPC. The accused was arrested after a couple of days and based on the information furnished by him, some gold ornaments and cash were recovered which were duly produced before the court.

(2.) The petitioner herein filed an application under Section 451 of the Cr.P.C for getting interim custody of the ornaments and also the currency. No serious objection was raised by the investigating officer against the release of the ornaments in interim custody to the petitioner. However, by Annexure-4 order, the learned Magistrate dismissed the application holding that the petitioner was unable to produce any documents to prove ownership over the valuables.

(3.) The learned counsel appearing for the petitioner submitted that the learned Magistrate was not justified in insisting for production of the bills and other records at this stage. However, she has produced certain photographs before this Court wherein she is seen wearing the ornaments which are the subject matter of the theft. The ornaments were being used by the petitioner for the past several years and she could not have justifiably retained the original bills, submits the learned counsel. Insofar as the cash seized is concerned, the learned counsel has referred to Annexure-5 passbook showing that she had withdrawn a sum of Rs.1,90,000/- from the District Co-operative Bank in connection with the treatment of her daughter. It is submitted that sufficient opportunity was not given to the petitioner to substantiate her contention.