[Cites 4, Cited by 0]
Kerala High Court
Karuvatta Service Cooperative Bank ... vs State Of Kerala on 30 January, 2026
Author: C.S.Dias
Bench: C.S.Dias
Crl. M.C No.480 of 2026
2026:KER:8680
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 30TH DAY OF JANUARY 2026 / 10TH MAGHA, 1947
CRL.MC NO. 480 OF 2026
CRIME NO.1084/2020 OF Harippad Police Station, Alappuzha
AGAINST THE ORDER DATED 03.03.2022 IN CRMP 1236/2021 IN
CC NO.175 OF 2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,
HARIPAD
PETITIONER/S:
KARUVATTA SERVICE COOPERATIVE BANK NO.2145
KARUVATTA MURI, KARUVATTA VILLAGE, REPRESENTED BY
ITS SECRETARY, SMT. DEEPA C.K., AGED 45, W/O G.
SREEKUMAR, CHELAVAKKOTTU HOUSE, KARUVATTA NORTH
MURI, KARUVATTA VILLAGE, KARTHIKAPPALLY TALUK,
ALAPPUZHA DISTRICT, PIN - 690517
BY ADVS.
SRI.ARUN CHANDRAN
SMT.AMRITA ARUN
SMT.AARABHI GOPAN
SHRI.HARIMOHAN
SMT.HANA KARNOLIA MADONA CYRIL
SHRI.JYOTHIKUMAR R.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
Crl. M.C No.480 of 2026
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2 THE SUB INSPECTOR OF POLICE
INVESTIGATING OFFICER (CRIME NO.1084/2020),
HARIPPAD POLICE STATION, HARIPPAD POST OFFICE,
ALAPPUZHA DISTRICT, PIN - 690514
OTHER PRESENT:
SR.PP.SMT.SEETHA S
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.01.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl. M.C No.480 of 2026
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C.S.DIAS, J.
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Crl. M.C No.480 of 2026
-----------------------------------------
Dated this the 30th day of January, 2026
ORDER
The petitioner bank is the de facto complainant
in Crime No. 1084/2020 registered by the Harippad
Police Station, Alappuzha, as against three accused
persons for allegedly committing the offences punishable
under Sections 457, 461 and 380 of the Indian Penal
Code. The petitioner had filed an application under
Section 451 of the Code of Criminal Procedure before
the Court of Judicial Magistrate of the First Class - II,
('Trial Court' for short) Harippad, stating that the
accused persons has committed theft of the gold
ornaments and money that were kept in the strong room
of the bank. The gold ornaments belong to the customers
of the bank, and the money belongs to the bank.
Therefore, the gold ornaments and money may be
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released to the petitioner on interim custody. Although
the Investigating Officer filed a report stating that the
accused 1 to 3 had committed theft of the petitioner's
gold ornaments and the money, by the impugned
Annexure 3 order, the learned magistrate has directed
only the gold ornaments to be released to the petitioner
on interim custody and has directed the money to be
kept in safe custody in the treasury until further orders.
The Trial Court has not given any reason for rejecting
the petitioner's prayer in the Annexure 2 application for
return of money. Moreover, there is no rival claimant for
the money. Therefore, declining interim custody of the
money to the petitioner and ordering it to be kept in the
treasury are ex-facie and liable to be set aside. Hence,
the Crl.M.C.
2. I have heard the learned counsel for the
petitioner and the learned public prosecutor.
3. The specific allegation of the prosecution is
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that the accused persons had committed theft of gold
ornaments and Rs.3.5 lakhs from the petitioner bank.
The investigating officer has filed a report endorsing the
petitioner's case. Although the petitioner prayed for
granting interim custody of both the gold ornaments and
the money, the learned Magistrate has only partly
allowed the application by granting interim custody of
the gold ornaments and ordered the money to be
deposited in the treasury.
4. A bare reading of the Annexure 3 order
substantiates that the learned Magistrate has failed to
state any reason to reject the petitioner's application for
release of money, which is unsustainable in law. Thus, I
am of the definite view that the learned Magistrate is to
be directed to reconsider the application with respect to
the petitioner's claim for interim custody of the money.
Hence, I am satisfied that this is a fit case to exercise the
inherent powers of this Court under Section 528 of
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BNSS.
In the aforesaid circumstances, I allow the
Crl.M.C, by setting aside the direction in the Annexure 3
order that money is to be kept in safe custody of the
treasury, and directing the learned Magistrate to
reconsider the Annexure 2 application with respect to
the petitioner's claim for the interim custody of the
money. The learned Magistrate is directed to reconsider
the Annexure 2 application in accordance with law, and
in any event, within one month from the date of
production of a copy of this order.
Sd/-
Srs/30.01.2026 C.S.DIAS, JUDGE
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APPENDIX OF CRL.MC NO. 480 OF 2026
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE FIRST INFORMATION REPORT
BEARING NO. 1084/2020, REGISTERED BEFORE
THE HARIPAD POLICE STATION AT ALAPPUZHA
DATED 03.09.2020
Annexure 2 TRUE COPY OF THE CRIMINAL MISCELLANEOUS
PETITION BEARING NO. 1236/2021, PREFERRED
BEFORE THE COURT OF THE JUDICIAL
MAGISTRATE OF THE FIRST CLASS-II HARIPAD,
Annexure 3 CERTIFIED COPY OF THE ORDER ISSUED BY THE
JUDICIAL MAGISTRATE OF THE FIRST CLASS-
II, HARIPAD, IN CRIMINAL MISCELLANEOUS
PETITION NO. 1236/2021 IN CC NO.
175/2021, BEARING DATE 03.03.2022
Annexure 4 TRUE COPY OF THE ORDER OF THIS HONOURABLE
COURT IN CRIMINAL MISCELLANEOUS CASE NO.
5425 OF 2022, BEARING DATE 26.08.2022
Annexure 5 TRUE COPY OF THE LOSS ASSESSMENT REPORT
ISSUED BY THE SURVEYOR TO THE PETITIONER
THROUGH E-MAIL DATED 19.06.2021
Annexure 6 TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT IN WRIT PETITION [CIVIL]
NO. 1572 OF 2024, DATED 26.05.2025
Annexure 7 TRUE COPY OF THE COMMUNICATION BY THE
UNITED INDIA INSURANCE & CO. THROUGH
EMAIL BEARING DATE 12.07.2025
