Kerala High Court
Maxvalue Credits And Investments Ltd vs State Of Kerala on 27 March, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
CRL.MC NO. 1533 OF 2024
CRIME NO.241/2023 OF KATTAKADA POLICE STATION,
THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT DATED 02.05.2023 IN CMP NO.2346
OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS, KATTAKADA
PETITIONER/PETITIONER :
MAXVALUE CREDITS AND INVESTMENTS LTD,
AGED 31 YEARS
SREE RAMA COMPLEX, ABOVE INDIAN BANK,
MARKET ROAD, KATTAKKADA, REP BY ITS MANAGER,
DARLIN D, S/O. DEVARAJAN P, 4/122,
VASANTHA COTTAGE, VILATHIVILAI, KAPPUKADU P.O.,
VILAVANCODE, KANYAKUMARI, PIN - 695 572.
BY ADVS.
GIRISH KUMAR M S
AKASH S.
ADITHYA RAJEEV
RESPONDENT/COUNTER PETITIONER:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682 031.
SRI.M.C.ASHI, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27.03.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 1533 OF 2024
2
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C. No.1533 of 2024
...................................................
Dated this the 27th day of March, 2024
ORDER
Petitioner challenges the order dated 02.05.2023 in CMP
No.2346/2023 on the files of the Judicial First Class Magistrate
Court, Kattakkada, arising out of Crime No.241/2023 of
Kattakkada Police Station, to the extent it imposes conditions
which are too onerous for the petitioner to comply with.
Petitioner is aggrieved by conditions (2), (3) and (5) in the
impugned order.
2. Crime No.241/2023 was filed at the behest of the petitioner,
alleging theft of gold ornaments which were received by them
in the course of their business. During investigation, some of
the alleged stolen gold ornaments were recovered from the
petitioner's locker itself, mixed with 63 other gold ornaments.
The stolen articles were recovered from other institutions as
well. The entire bunch of gold ornaments recovered from the
CRL.MC NO. 1533 OF 2024
petitioner, including those that were not stolen property, were
also produced before the learned Magistrate.
3. In the petition filed under Section 451 of Cr.P.C. as CMP
No.2346/2023, the learned Magistrate directed the gold
ornaments, which are not included in the stolen list of goods,
to be released to the petitioner, on certain conditions.
Petitioner is aggrieved by condition No.2, 3 and 5 which
reads as follows:
2.The petitioner shall produce the properties as
and when required by the court.
3.The petitioner shall not alter, dispose of or cause
any material change in the subject matter of the
petition until further order of the court.
5.The petitioner shall produce the properties as
and when required by the court.
4. A reading of the above conditions indicates that the court has
proceeded to treat the articles of gold which were not even the
subject matter of theft as requiring to be produced and not
disposed of until trial concludes and imposed the above
conditions.
5. Since the petitioner is conducting the business of advancing
loans by pledging gold ornaments, the gold that has been
CRL.MC NO. 1533 OF 2024
pledged with them is part of the goods in trade and belongs to
their customers. The condition that they shall produce the
properties as and when required by the court and shall not
alter, dispose of, or cause any material change is not only
onerous but impossible for performance as those gold
ornaments will have to be returned to their customers on
demand. The conditions imposed to that extent do not satisfy
the requirements of reasonable conditions. Accordingly,
condition Nos.2, 3 and 5 in the order dated 02.05.2023 in
CMP No.2346/2023 on the files of the Judicial First Class
Magistrate Court, Kattakkada, shall stand deleted.
The Crl.M.C.is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/27/03/2024
CRL.MC NO. 1533 OF 2024
PETITIONER ANNEXURES
ANNEXURE I TRUE COPY OF THE FIR IN CRIME NO.
241/2023 DATED 17/02/2023 OF THE
KATTAKKADA POLICE STATION.
ANNEXURE II CERTIFIED COPY OF THE ORDER DATED
02/05/2023 IN CMP NO. 2346/2023 OF THE
JUDICIAL FIRST CLASS MAGISTRATE'S
COURT, KATTAKKADA.
TRUE COPY
