[Cites 7, Cited by 0]
Kerala High Court
Xxx vs Shaiju Paul on 3 February, 2026
2026:KER:9292
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
TUESDAY, THE 3RD DAY OF FEBRUARY 2026 / 14TH MAGHA, 1947
CRL.MC NO. 6689 OF 2021
CRIME NO.443/2020 OF KORATY POLICE STATION, THRISSUR
AGAINST THE ORDER/JUDGMENT DATED IN CRMP NO.4155 OF 2020 OF
JUDICIAL MAGISTRATE OF FIRST CLASS - I, CHALAKUDY
PETITIONER/PETITIONER:
XXX
BY ADVS.
SRI.P.K.VARGHESE
SRI.P.S.ANISHAD
SRI.K.R.ARUN KRISHNAN
SMT.SANJANA RACHEL JOSE
RESPONDENTS/RESPONDENT/PETITIONER IN CRL.MP.NO.4198/2020:
1 SHAIJU PAUL,
AGE NOT KNOWN TO THE PETITIONER , S/O. PAULOSE,
KAVALAKKADAN HOUSE, KORATTY, CHALAKUDY, THRISSUR
DISTRICT 680 307.
2 VELIYATH FINANCE KORATTY,
REPRESENTED BY MANAGING PARTNER, TOMY THOMAS, S/O.
THOMAS, VELIATY HOUSE, KORATTY, CHALAKUDY,
THRISSUR DISTRICT 680 308.
3 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM 682 031.
BY ADV SRI.N.L.BITTO
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CRL.M.C.NOs.6689 & 6686 OF 2021
2
OTHER PRESENT:
SR.PP-SRI.BREEZ M.S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 03.02.2026, ALONG WITH CRL.MC.6686/2021, THE COURT ON THE
SAME DAY PASSED THE FOLLOWING:
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CRL.M.C.NOs.6689 & 6686 OF 2021
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
TUESDAY, THE 3RD DAY OF FEBRUARY 2026 / 14TH MAGHA, 1947
CRL.MC NO. 6686 OF 2021
CRIME NO.443/2020 OF KORATY POLICE STATION, THRISSUR
AGAINST THE ORDER/JUDGMENT DATED IN CRMP NO.4198 OF 2020 OF
JUDICIAL MAGISTRATE OF FIRST CLASS - I, CHALAKUDY
PETITIONER/2ND RESPONDENT:
XXXXX
BY ADVS.
SRI.P.K.VARGHESE
SRI.K.R.ARUN KRISHNAN
SMT.SANJANA RACHEL JOSE
RESPONDENTS/PETITIONER AND RESPONDENTS 1 AND 3:
1 VALIYATH FINANCE KORATTY,
REPRESENTED BY MANAGING PARTNER, TOMY THOMAS, S/O.
THOMAS, VELIYATH HOUSE, KORATTY, CHALAKUDY,
THRISSUR DISTRICT 680 308.
2 SHAIJU PAUL,
AGE NOT KNOWN TO THE PETITIONER, S/O. PAULOSE,
KAVALAKKADAN HOUSE, KORATTY, CHALAKUDY, THRISSUR
DISTRICT 680 307.
3 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR , HIGH COURT OF
KERALA, ERNAKULAM 682 031.
BY ADV SRI.N.L.BITTO
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CRL.M.C.NOs.6689 & 6686 OF 2021
4
OTHER PRESENT:
SR.PP-SMT.BINDU O.V.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 03.02.2026, ALONG WITH CRL.MC.6689/2021, THE COURT ON THE
SAME DAY PASSED THE FOLLOWING:
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5
COMMON ORDER
Dated this the 3rd day of February, 2026
These Criminal Miscellaneous Cases were filed by the
victim in S.C.No.132/2021 on the file of the Special Judge, Fast Track
Special Court, Chalakkudy, arising out of Crime No.443/2020 of Koratty
police station, being aggrieved by the Annexure-II common order passed
by the Judicial First Class Magistrate Court, Chalakudy, rejecting her
application under 451 Cr.P.C. for interim custody of a gold anklet.
2. The petitioner filed Crl.M.P.No.4155/2020 under Section
451 Cr.P.C. while the 1st respondent Veliyath Finance Koratty
represented by its Managing Director, filed Crl.M.P.No.4198/2020
seeking similar reliefs. As per Annexure-II order, the learned Magistrate
dismissed Crl.M.P.No.4155/2020 filed by the petitioner and allowed the
application filed by the 1st respondent and interim custody of the gold
anklet was given to the 1st respondent. Aggrieved by the above order
passed by the learned Magistrate, the petitioner filed these Crl.M.Cs.
3. The offences involved in the above case are under Sections
376(2)(n), 354, 384, 506 IPC. As per judgment dated 31.10.2023, the
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CRL.M.C.NOs.6689 & 6686 OF 2021
learned Special Judge, Fast Track Special Court, Chalakkudy, convicted
the accused in the said case, who is the 2 nd respondent in this Crl.M.C.
According to the learned counsel, the anklets belongs to the petitioner
and it was obtained by the 2 nd respondent under coercion by showing her
nude photographs. On the other hand, according to the learned counsel
for the 1st respondent, the 2nd respondent pledged the anklet to the 1 st
respondent and received a sum of Rs.67,000/- and as such they are
entitled to retain possession of the above gold anklet.
4. It appears that Annexure-II is only an interim order passed
under Section 451 Cr.P.C., and no final order is seen passed under
Section 452 either by the learned Magistrate or by the Special Judge who
convicted the 2nd respondent. In the above circumstances, the petitioner
and the 1st respondent are permitted to approach the learned Special
Judge, Fast Track Special Court, Chalakkudy, to move appropriate
application for redressing their grievance.
Sd/-
C. PRATHEEP KUMAR,
Pvv JUDGE
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APPENDIX OF CRL.MC NO. 6689 OF 2021
PETITIONER ANNEXURES
ANNEXURE I A TRUE COPY OF THE FIR IN CRIME NO.
443/2020 OF KORATTY POLICE STATION,
THRISSUR DISTRICT.
ANNEXURE II TRUE COPY OF ORDER IN CRL.M.P. NO.
415/2020 JUDICIAL FIRST CLASS MAGISTRATE
COURT, CHALAKUDY IN CRIME NO. 443/2020 OF
KORATTY POLICE STATION, THRISSUR
DISTRICT.
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APPENDIX OF CRL.MC NO. 6686 OF 2021
PETITIONER ANNEXURES
ANNEXURE I A TRUE COPY OF THE FIR IN CRIME NO.
443/2020 OF KORATTY POLICE STATION,
THRISSUR DISTRICT.
ANNEXURE II CERTIFIED COPY OF ORDER IN CRL.M.P. NO.
4198/2020 JUDICIAL FIRST CLASS MAGISTRATE
COURT, CHALAKUDY ON CRIME NO. 443/2020 OF
KORATTY POLICE STATION, THRISSUR
DISTRICT.
