MUTHOOT FINANCE LIMITED Vs. STATE OF KERALA

JUDGEMENT

(1.) Respondents 3 to 125 pledged certain gold ornaments with the accused in Crime No.24 of 2007 of Aranmula Police Station which was subsequently registered as Crime No.90/CR/SI/07 & 91/CR/SI/07 of CBCID-Thiruvananthapuram. Without any authority, it is alleged, the accused pledged the ornaments with the 1st petitioner company. The case was registered for the offence under Section 420 IPC. Respondents 3 to 125 made a claim for interim custody of their gold ornaments. By the impugned order in Crl.M.P.No.6662 of 2016 the learned Magistrate has allowed their prayer of some of the respondents. This is challenged.

(2.) Heard the learned senior counsel appearing for the petitioners and those respondents who have entered appearance through counsel and the learned Public Prosecutor.

(3.) The facts are not in dispute: Respondents 3 to 125 pledged gold ornaments with the accused in the criminal case before 2007 allegedly without any authority. The accused in their turn pledged them with the 1st petitioner company before 2007. The gold ornaments were produced before the court below. Pursuant to the directions issued by this court, they were released to the 1st petitioner for safe custody.