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2025 Supreme(Online)(Ker) 50003

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
LAZLEE V.L. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.SERIN K.S.
For the Respondents: SMT.STIYA SIVAN, SMT.K.R.RENJU, SMT.ASITHA M.M., SMT.ANILA ANTONY, SMT.ANJITHA APREM, SMT.HARITHA HARINATH, SMT.ATHIRA SUDHEER V., SRI SUDHEER G.

Table of Content
1. petitioner's challenge to interim custody order regarding gold ingot. (Para 1 , 2)
2. petitioner's claim against the interim custody determination. (Para 3)
3. magistrate's suitable person ruling upheld. (Para 4 , 5)

ORDER

[Crl.MC Nos.769/2025, 653/2025]

The common order passed by the Judicial First Class Magistrate Court, Tripunithura, on 03.12.2024 in C.M.P Nos.1599/2024 and 1608/2024, is under challenge in these petitions filed by a third party to the crime involved in that case, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).

2. Crime No.421/2024 has been registered by the Hill Palace Police Station, Tripunithura, on the basis of a complaint by the 2nd respondent herein, alleging that the accused in the said case fraudulently and dishonestly obtained her gold ornaments and resorted to criminal breach of trust and misappropriation of the property by selling it to the jewellery shop conducted by the petitioner herein. The investigating ofÏcer later on recovered the gold ornaments in the form of gold ingots, and produced the same before the learned Magistrate. The defacto complainant/2nd respondent had filed C.M.P No.1599/2024

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