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2007 Supreme(Online)(KER) 48135

HIGH COURT OF KERALA
V.RAMKUMAR, J
M BALAGOPAL – Appellant
Versus
MAHENDRAN SO MADHUIVANAN THILLALY – Respondent


ORDER

The revision petitioner is the de facto complainant in Crime No.

189 of 2003 of Thrissur Town West Police Station for offences punishable under Sectiuons 457, 380 and 461 read with Sec. 34 I.P.C.

2. The case of the prosecution is that some time in the night of 7-6-2003 the accused broke open the door of the house of the revision petitioner at Pullazhi and committed theft of a thali chain weighing 60 gms and cash worth Rs. 7100/- which were kept inside the table of his bedroom. According to the revision petitioner it was the thali chain of his deceased wife. The thali chain which was produced as MO1 was recovered pursuant to a confessional statement made by the accused and was produced before Court. Pending trial, the revision petitioner had filed an application under Sec. 451 Cr.P.C. for interim custody of the gold chain and the same was entrusted with him on interim custody on kychit with a direction to produce the same at the time of trial. Accordingly, it was produced at the time of trial and was identified by the revision petitioner . As per judgment dated 07-09-2004 in C.C. 332 of 2003 before the Chief Judl.

Magistrate, the case ended in conviction and the thali chain was d

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