O R D E R

Kudlu Service Co-operative Bank Ltd., represented by its Secretary, the petitioner herein, is before this Court, seeking the indulgence of this Court under Section 482 of the Cr.P.C. to pass an order lifting certain conditions imposed by the Additional Sessions Court-I, Kasaragod imposing certain conditions while releasing stolen property involved in the Crime to the petitioner.

2. In a Bank heist that took place in the year 2015, gold ornaments belonging to customers of the Bank, deposited in the locker and currency notes, worth a total value of ₹ 5.25 crores got robbed allegedly by the accused, in consequence of which the Crime 649/2015 was registered at Kasaragod Police Station. During the investigation, 17.684 Kgs. of gold ornaments and ₹1,250,021/- were recovered and produced before the Court as stolen property. The petitioner filed Crl.M.P.No.4551/2017 under Section 451 of the Cr.P.C. for interim custody of the stolen articles produced before the Court. None of the accused raised any claim over the ornaments or the cash, and the Public Prosecutor also agreed that the property could be released to the petitioner on conditions to produce it as and when required. Accordingly, the learned Sessions Judge, on 03- 05-2018 vide Annexure A4, ordered the release of the property on the following conditions:

"1. The petitioner shall execute a bond for ₹1,99,99,290/-(Rupees one crore ninety nine lakhs ninety nine thousand two hundred and ninety only) with 2 solvent sureties each for the like. Some undertaking that the gold ornaments and cash would be produced as and when required.

2. The petitioner shall deposit ₹ 2,00,000/-(Rupees two lakhs only) as security before this Court. The security will stand fortified to the Government when the conditions, if any, mention in this order violated.

3. The petitioner shall not sell or exchange or transfer or cause to be altered the shape of the gold ornaments, without the prior permission of this Court.

4. The petitioner shall take photographs of gold ornaments of each item in the presence of the Senior Superintendent of this Court, at the cost of the petitioner herein and photographs, shall be attested by the Senior Superintendent, property clerk concerned, and the petitioner on its backside and thereafter, the office of the Court is directed to prepare a punchanama before handing over the gold ornaments to the petitioner.

5. The petitioner shall produce the gold ornaments and cash before this Court as and when directed by this Court.

6. The petitioner shall take necessary steps to get the gold ornaments verified and certified by an appraiser as and when the gold ornaments are directed to be produced before this Court."

The case is presently pending as S.C.No.594/2017 for trial. This Court had, at the instance of the petitioner, in O.P. (Crl) No.312/2019, directed the trial Court to dispose of the case expeditiously within six months vide Judgment dated 24/07/2019 at Annexure A8. The trial has already commenced and the few witnesses examined.

3. It is submitted that the Secretary of the Bank was also examined and the gold ornaments identified and marked as material objects through him. Because of the pandemic situation, the trial is getting protracted. The petitioner-Bank is running at a loss. The gold ornaments belong to the customers, who are also anxious to get them back, so that they could be utilised when in need. The petitioner, therefore, approached the trial Court by filing Crl.M.P.No.1173/2020 requesting that the condition Nos.1, 3, 5 and 6 imposed by the Court vide Annexure A4 may be lifted. After considering the submissions made by the petitioner and the Public Prosecutor, the learned Sessions Judge held that when a final order has already been passed under Section 451 of the Cr.P.C., any alteration would amount to a review of an earlier Order, for which the Court has no power. The petition was dismissed vide Annexure A1 on 24-08-2020. Aggrieved by the same, the petitioner has ap