ORDER :

The petitioner who is a jewellery owner filed this petition on being aggrieved by the rejection of an application viz., C.M.P.No.7690/2012 filed by him under Section 451, Cr.P.C. for getting interim custody of the property produced before the Court of the Judicial First Class Magistrate, Ambalapuzha in Crime No. 359/2012 of Punnapra Police Station, as per Annexure-C order. The said crime was registered alleging commission of offences under Sections 454 and 380 r/w Section 34 of the Indian Penal Code. Admittedly the petitioner is not arraigned as an accused in that crime. The allegation against the accused therein, as per Annexure-B FIR registered in the said crime is that after stealing bangle weighing 5 grams and a golden ring weighing 3 grams and a mobile phone they had escaped through the front door of residential house of the defacto complainant which they somehow managed to open to enter into it. Thus it is evident that even going by the allegations against the accused in that crime that they had stolen only 8 grams of gold. The case of the petitioner is that the Investigating Officer had forcefully taken gold ornaments from his jewellery namely, 'Kallukulam Jewellery'