J U D G M E N T

This appeal under Section 454 Cr.P.C. has been filed against the common order dated 20/09/2006 in Crl.M.P.No.2238/2006 and Crl.M.P.No.3249/2006 in S.C.No.1179/2005 on the file of the Court of Session, Kollam.

2. Crl.M.P.No.2238/2006 under Section 454 Cr.P.C. was filed by the owner of Panthuvila Jewellery, Pallikkal, alleging that the gold ingot produced by the police in S.C.No.1179/2005 belongs to him and that he was forced to handover the same to the police under threat and coercion. He was threatened that if he did not give 176 grams of gold ornaments to the police, he would be made an accused in the case. Hence to avoid such a contingency, he handed over the gold ingot to the police, which has been produced before the court claiming to be the stolen property. As the gold belongs to him, the petition seeking the return of the same.

3. Crl.M.P.No.3249/2006 was filed by the informant in the crime, who was examined as PW1 in S.C.No.1179/2005 from whose house 44 sovereigns of gold ornaments were alleged to have been stolen by the accused persons in the said case. The gold ornaments were alleged to have been sold to the petitioner in Crl.M.P.No.2238/2006, who converte