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2024 Supreme(Online)(KER) 56737

HIGH COURT OF KERALA
SHAJIMON – Appellant
Versus
STATE OF KERALA – Respondent


O R D E R

The order passed by the Judicial First Class Magistrate-I, Muvattupuzha under Section 452 Cr.P.C for the release of a gold ingot to PW1 in C.C.No.413/2017 (additional second respondent herein), which was confirmed in appeal by the Additional Sessions Judge, Muvattupuzha, is under challenge in this revision.

2. C.C.No.413/2017 was a case related to house breaking and theft in the house of the additional second respondent herein, committed on 07.01.2006. The stolen items included 25 sovereigns of gold ornaments. After the elapse of three years, a person apprehended in connection with another case is said to have confessed the commission of theft in the house of the additional second respondent. On the basis of the above confession, the Muvattupuzha Police is said to have reached the jewellery shop of the petitioner herein at a place called Odanavattom in Kottarakkara on 16.10.2009, and recovered a gold ingot weighing 199.800 gms which is said to have been moulded out of the gold ornaments stolen from the house of the additional second respondent. The petitioner filed C.M.P.No.858/2013, and the additional second respondent filed C.M.P No.973/2014 before the Trial Court for th

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