ORDER

The petitioner bank is the de facto complainant in Crime No. 1084/2020 registered by the Harippad Police Station, Alappuzha, as against three accused persons for allegedly committing the offences punishable under Sections 457 , 461 and 380 of the Indian Penal Code . The petitioner had filed an application under Section 451 of the Code of Criminal Procedure before the Court of Judicial Magistrate of the First Class – II, (‘Trial Court’ for short) Harippad, stating that the accused persons has committed theft of the gold ornaments and money that were kept in the strong room of the bank. The gold ornaments belong to the customers of the bank, and the money belongs to the bank. Therefore, the gold ornaments and money may be released to the petitioner on interim custody. Although the Investigating Officer filed a report stating that the accused 1 to 3 had committed theft of the petitioner’s gold ornaments and the money, by the impugned Annexure 3 order, the learned magistrate has directed only the gold ornaments to be released to the petitioner on interim custody and has directed the money to be kept in safe custody in the treasury until further orders. The Trial Court has not g