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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
THAMPI – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. petitioner seeks gold custody after theft case. (Para 1 , 2 , 3) |
| 2. court hears arguments from all parties. (Para 4) |
| 3. analysis of applicable provisions of cpc. (Para 5 , 6 , 7 , 8) |
| 4. decision to reconsider custody applications. (Para 9) |
ORDER
The petitioner was cited as the fourth prosecution witness in C.C. No. 242/2020 on the file of the Court of the Judicial First Class Magistrate-II (Forest Offences), Punalur (‘Trial Court’, for short), which was registered against five accused persons for allegedly committing the offences punishable under Sections 457, 380 and 461 read with Section 34 of the Indian Penal Code.
2. The gravamen of the prosecution case is that;
On 09.08.1994, the accused persons had trespassed into the house of one Mohammedali (CW1) and committed theft of his gold ornaments worth Rs. 27,000/-, currency notes, two wristwatches and other properties. The prosecution further alleged that the first accused had sold a portion of the gold ornaments to the petitioner, who melted the same and made them to four gold ingots. The Investigating Officer recovered 49.500 grams of the gold ingots from the petitioner’s jewellery shop.
3. Claiming the interim custod
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