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2026 Supreme(Online)(Ker) 8344

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
JOSHY JOSPEH – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.NIDHEESH T.P
For the Respondents: SR.PP.SRI.C.S.HRITHWIK

Table of Content
1. interim custody of non-proceeds of crime. (Para 1 , 2)
2. conditions imposed by the magistrate on the petitioner. (Para 3)
3. court's reasoning against the conditions. (Para 4)

ORDER

The petitioner is the authorised officer of a private Company, at whose instance Crime No.20/2022 was registered by the Malappuram Police Station, alleging the commission of the offences punishable under Section 381 and 201 r/w Section 34 of the Indian Penal Code .

2. Between 29.07.2021 and 01.10.2021, the accused persons committed theft of 216.37 grams of gold ornaments kept in a cover containing 321.43 grams. The remaining gold ornaments weighing 105.06 grams of gold were retained in the locker. However, the gold ornaments stolen by the accused persons were not recovered, but the Investigating Officer seized 105.06 grams of gold that was kept in the locker. Claiming interim custody of the 105.06 grams of gold, the petitioner filed CMP No.47/2025 before the Court of the Judicial First Class Magistrate, Malappuram. By the impugned Annexure 2 order, the learned Magistrate allowed the application subject to six conditions. As per condition No.3, the petitioner is directed to produce the

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