S.S. Satheesachandran, J.

1. Petitioner is the de facto complainant in a crime case registered at Kondotty Police Station.

2. After house breaking in night valuable properties including gold ornaments were stolen from his house, was the case for registration of the crime. Investigation of that crime led to indictment of three accused persons for offences punishable under Section 457, 380 and 461 of the Indian Penal Code. When the trial proceeded one among the accused (A3) remained at large. While the trial proceeded against A1 and A2, presence of A1 could not be secured since he was severely indisposed of, though he was in jail. Case against A1 and A3 were split up, and proceeded against A2 alone which led to the acquittal of that accused. Subsequently trial proceeded against A1 and it led to his conviction for the offences. Split up case against the remaining accused, A3, renumbered as C.C.No.1210/2011 is still awaiting disposal as the presence of that accused who is the sole accused in that split up case, is yet to be secured.

3. Petitioner/de facto complainant moved an application for release of interim custody of the valuables stolen, some of which were recovered an