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2025 Supreme(Online)(Ker) 50358
IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G.ARUN, J
RAJU JACOB – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 8155 OF 2025|CRIME NO.962/2023
For the Appellants/Petitioners: SHRI.C.DILIP, SHRI.JIJO JOSEPH, SHRI.AKHIL CHANDRAN
For the Respondents: SRI.ENOCH DAVID SIMON JOEL, SRI.S.SREEDEV, SRI.RONY JOSE, SHRI.LEO LUKOSE, SRI.KAROL MATHEWS SEBASTIAN ALENCHERRY, SHRI.DERICK MATHAI SAJI, SRI.KARAN SCARIA ABRAHAM, SRI.M.C.ASHI, SR.PP.
The granting of interim custody of seized gold must consider the identity and ownership, ensuring safeguards against loss for involved parties.
Headnote:The court examined the interim custody order concerning gold seized from the petitioner’s shop, arising from Crime No.962 of 2023 alleging theft. The petitioner contended that the gold was not identical to that stolen, raising claims of monetary loss. The court found no merit in the apprehensions as appropriate safeguards were imposed. The key issues were identified regarding entitlement to custody, with the court concluding that prior considerations by the magistrate sufficed.
Result: The Crl.M.C is hence dismissed.
| Table of Content |
|---|
| 1. arguments regarding ownership and interim custody. (Para 3) |
| 2. court's findings and considerations for granting custody. (Para 5) |
O R D E R
Dated this the 07th day of October, 2025 The challenge in this Crl.M.C is against Annexure A3 order of the Judicial Magistrate of First Class-I, Muvattupuzha, granting interim custody of the gold, seized from the petitioner’s shop and produced in court, to the 2nd respondent.
2. The essential facts are as under;
Crime No.962 of 2023 was registered at the Muvattupuzha Police Station alleging commission of offences under Sections 461 and 380 of the Indian Penal Code . The crime was registered on the allegation that the accused had stolen gold ornaments weighing 40 grams and Rs.14,000/- from the bedroom of the 2nd respondent’s house. During his interrogation, the accused revealed that the stolen gold was sold to the petitioner for Rs.1,96,452/-. Based on the statement, the gold weighing 36.72 grams, which by then had been melted into gold ingot, was recovered from the petitioner’s shop. Thereafter, the 2nd respondent moved an application under Section 451 of Cr.P.C seeking interim custody of the gold, and the impugned order was passed, releasing the gold to him.
3. Learned Counsel for the petitioner submits that even though the gold ingot was recovered from his client’s shop, the weight of the gold recovered is lesser than the gold stolen from the 2nd respondent’s house. Moreover, the gold being in ingot form, the court should not have released it on interim custody to the 2nd respondent on the assumption that it is the stolen gold itself. The further contention is that, out of Rs.1,96,452/- paid by the petitioner to the accused towards value of the gold, only Rs.70,000/- was recovered from the accused and released to the petitioner by the court. Therefore, entrustment of the gold on interim custody to the 2nd respondent will result in the petitioner suffering monetary loss. 4. Learned Counsel for the 2nd respondent submitted that the accused was working as a helper in his house and had stolen the gold ornaments from the bedroom. The gold was recovered based on the statement given by the accused and the fact that the petitioner had purchased the gold is not in dispute. In such circumstances, the 2nd respondent is the best person to have interim custody of the gold.
5. On perusal of the impugned order, I find the learned Magistrate to have taken all relevant factors into consideration while granting interim custody of the gold to the 2nd respondent. By the order, the 2nd respondent is directed to execute a bond of Rs.3,70,000/- with two solvent sureties each for the like sum and to produce the gold ingot as and when directed by the court. The aforementioned conditions sufficiently safeguard the interest of the petitioner also. Therefore, the apprehension of the petitioner that he will suffer monetary loss is baseless.
The Crl.M.C is hence dismissed.
