Rama vs State Of Kerala Represented By The ...
2021 Latest Caselaw 9858 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

               THE HONOURABLE MR. JUSTICE P.SOMARAJAN

    WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                       OP(Crl.).No.68 OF 2021

AGAINST THE ORDER/JUDGMENT IN CC 1545/2002 OF JUDICIAL MAGISTRATE
                 OF FIRST CLASS, KARUNAGAPPALLY


PETITIONER:

              RAMA, AGED 54 YEARS,
              W/O JAYAPRAKASH, "AISWARYA", VALIYAKULANGARA MURI,
              OACHIRA VILLAGE, OACHIRA P.O., KOLLAM-690 526.

              BY ADVS.
              SRI.P.B.SAHASRANAMAN
              SRI.T.S.HARIKUMAR

RESPONDENT:

              STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF
              POLICE, OACHIRA POLICE STATION,
              OACHIRA P.O., KOLLAM-690 526.



              PUBLIC PROSECUTOR SRI.RAMESH CHAND

     THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON 24.03.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(Crl.).No.68 OF 2021               2




                                JUDGMENT

The petitioner in Ext.P2 order, the defacto

complainant in a crime registered on the

allegation of theft of gold ornaments came up

aggrieved by the non-release of gold ingots for

interim custody under Section 451 Cr.P.C.. The

alleged incident took place in the year 2002. The

impugned order was passed in the year 2008. It is

submitted that now the case is in LP list and

there is no probability or possibility to

apprehend the absconding accused in the near

future. Hence, it requires a fresh consideration

by the learned Magistrate. For that purpose,

Ext.P2 order is hereby set aside. The petitioner

shall appear before the learned Magistrate on

05/04/2021 and thereon the learned Magistrate

shall hear both the parties and dispose of the

application taking into account all relevant

aspects including the pendency of the case in LP

list. It shall be done within a period of three

weeks from the date of appearance of the parties.

O.P.(Crl.) is allowed in part accordingly.

Sd/-

P.SOMARAJAN

JUDGE

msp

APPENDIX PETITIONER'S/S ANNEXURES:

EXHIBIT P.1 TRUE PHOTOSTAT COPY OF THE CERTIFIED COPY OF THE FIR NO 209 OF 2002 OF THE OACIRA POLICE STATION DATED 2.7.2002

EXHIBIT P.2 TRUE PHOTOSTAT COPY OF THE CERTIFIED COPY OF THE ORDER IN CMP NO 6768 OF 2008 IN CC NO 1545 OF 2002 BEFORE THE JFCM COURT, LKARUNAGAPPALLY, DATED 16.4.2008

RESPONDENTS ANNEXURES:NIL

//TRUE COPY//

P.A TO JUDGE