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2019 Supreme(Ker) 753

R.NARAYANA PISHARADI
Nagarajan S/o Rajamani – Appellant
Versus
State of Kerala Rep. by Public Prosecutor, High Court of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. V.A. Johnson.
For the Respondent: Sri. C.S. Hrithwik.

ORDER :

1. This petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) for setting aside Annexure-B order passed by the Judicial First Class Magistrate-I, Palakkad.

2. The petitioner is the owner of a small jewellery shop. On the morning of 06.08.2019, while opening his shop, two persons came on a motorcycle and snatched away the bag in his hand, which contained gold and silver ornaments worth Rs. 9,00,000/- and they left the place on the motorcycle.

3. A case was registered as Crime No. 250/2019 of Walayar police station under Section 392 read with 34 I.P.C. in relation to the incident. One of the culprits was arrested on the same day and the stolen properties were seized from his possession. The ornaments were produced before the court.

4. The petitioner filed an application under Section 451 of the Code for getting interim custody of the ornaments. As per Annexure-A order, the learned Magistrate allowed the application on certain conditions. One of the conditions was that the petitioner shall not alter or dispose of the ornaments till the final disposal of the case.

5. The petitioner filed an application to delete the afore

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