Kerala High Court
Rema Devi @ Rahmat Aslam vs State Of Kerala on 26 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943
Crl.MC.No.27 OF 2020(C)
CRIME NO.4/2006 OF VACB, ERNAKULAM
PETITIONER/S:
REMA DEVI @ RAHMAT ASLAM,
AGED 47 YEARS
W/O.RAMA SWAMI @ MOHAMMED ASLAM, REGAL COUNTY, e-12A
CALIDORA, OPPOSITE YOUTH HOSTEL, KAKKANAD, KOCHI-
682021, ERNAKULAM DISTRICT
BY ADV. SMT.K.NANDINI
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM THORUGH THE SUPERINTENDENT OF
POLICE, VIGILANCE AND ANTI -CORRUPTION (VACB),
SPECIAL CELL, ERNAKULAM.
2 THE MANAGER
PEOPLES 'URBAN BANK, NETTOOR BRANCH, ERNAKULAM
DISTRICT.
R1 BY GOVERNMENT PLEADER
SMT K B SONY-PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 26.03.2021,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2
Crl.M.C No.27 of 2020
ORDER
This is an application filed under Section 482 Cr.P.C
praying that the gold ornaments, which were allegedly seized
by the investigating officer during the investigation of the case
which was registered as V.C No.4/06/SCE under the provisions
of the Prevention of Corruption Act, may be released to the
petitioner.
2. The petitioner is the sister-in-law of the accused
involved in the case. The gold ornaments were seen pledged
and the receipts for such pledging were found available in the
possession of the wife of the accused. The investigating officer
seized them and issued direction to freeze the ornaments and
not to release the same to any person.
3. Aggrieved by the above action, the petitioner had
earlier filed Crl.M.C No.740/2007 before this Court for issuing
a direction to release the pledged gold ornaments to her. As
per Annexure-A1 order dated 05.06.2007, this Court found
that the investigation of the case was in progress at that time
Crl.M.C No.27 of 2020
and there was no such compelling necessity to direct
immediate release of the gold ornaments to the petitioner.
However, the petitioner was granted liberty to move the courts
again for release of the articles after filing the final report in
the case.
4. Heard learned counsel for the petitioner and the
learned Public Prosecutor.
5. In the statement dated 05.02.2020 filed by the
investigating officer before this Court, it is mentioned that final
report in the case was filed in the Court of the Enquiry
Commissioner and Special Judge, Thrissur on 30.10.2013 and
the case is pending in that court.
6. On a query made to the learned counsel for the
petitioner as to what prevented the petitioner from
approaching the trial court for release of the pledged gold
ornaments, learned counsel would submit that the petitioner
was not aware of the fact that final report was filed by the
investigating officer. However, learned counsel would submit
that the petitioner is ready to move the trial court for getting
interim custody of the gold ornaments.
Crl.M.C No.27 of 2020
7. In the aforesaid circumstances, I find that this
petition can be closed by granting liberty to the petitioner to
move the trial court seeking appropriate relief for getting
custody of the gold ornaments.
8. Consequently, the petitioner is granted liberty to
move the trial court seeking appropriate relief for getting
custody of the gold ornaments. If any such application is filed,
notwithstanding Annexue-A1 order, the trial court shall
consider and dispose of such application on merits, after
hearing all necessary parties.
Sd/-
R.NARAYANA PISHARADI
JUDGE
rpk
Crl.M.C No.27 of 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE I TRUE COPY OF THE JUDGMENT DATED
5/6/2007 IN CRL.M.C.740/2007 OF THIS
HONOURABLE COURT
''True copy"
P.A to Judge
