ORDER :

Hariprasad, J.

Specific question begging for an answer in this order of reference is whether or not gold ornaments and money could be released in interim custody under Section 451 of the Code of Criminal Procedure, 1973 (in short, “Cr.P.C.”) to a person claiming to be the owner of jewellery/money without incorporating a condition that the said articles should be produced before the court, as and when directed, exactly in the same condition as they were at the time of entrustment?

2. Aggrieved by conditions 2 and 4 in Annexure-A3 order passed by the Chief Judicial Magistrate, Pathanamthitta on Crl.M.P.No.3898 of 2019 in Crime No.1880 of 2019 of Pathanamthitta Police Station, the petitioner/claimant has approached this Court seeking modification of the conditions. A learned single Judge, vide reference order dated 09.10.2019, raised the above mentioned question and as ordered by the Hon'ble the Chief Justice, the matter has been placed before us.

3. Short facts relevant for the decision are as follows:

Pathanamthitta police registered Crime No.1880 of 2019 for an offence punishable under Section 392 of the Indian Penal Code, 1860 (in short, “IPC”). Annexure-A1 takes in both the fi