JOY vs STATE OF KERALA & ORS.

The gold ornaments allegedly entrusted by the 3rd respondent to the 2nd respondent were allegedly misappropriated by the 2nd respondent

through criminal breach of trust. It is alleged that a portion of the gold ornaments was sold to CW5. CW5, in turn, pledged the gold ornaments at

KSFE and availed a gold loan.

The investigating officer had directed the KSFE not to release the said gold ornaments to CW5, since it is a subject matter of the dispute

involved in the crime. Thereafter, CW5, who is the petitioner herein, approached the court below under Section 451 Cr.P.C. for the interim

custody of the gold ornaments, pending conclusion of trial. The court below passed Annexure-C order, which is presently under challenge.

Through Annexure-C order, the court below allowed the petition in part and allowed the petitioner to redeem the pledged gold ornaments from

the KSFE by paying the amount. It was ordered that the petitioner shall execute a bond for Rs.10,000/- with two solvent sureties and the

petitioner shall produce the gold ornaments so redeemed before the court below without any alteration within five days from the date of release of

the gold ornaments by the KSFE.

According to the petitioner, when it was an outright purchase of gold, he has become the title holder of the property and he is entitled to have

proper custody of the gold ornaments, pending conclusion of trial.

By noting down the peculiarities of this case, this Court is satisfied that the impugned order passed by the court below is not liable to be

interfered with. The court below has considered all the aspects and arrived at the aforesaid conclusion. In this particular case, the court below has

to take a decision at the culmination of the trial, under Section 452 Cr.P.C. regarding the person who is entitled to have the gold ornaments

released.

By directing the court below to decide the matter at the stage of Section 452 Cr.P.C., and to expedite the trial and to dispose of the case, as

expeditiously as possible, at any rate, within six months from the date of receipt of a copy of this order, this Crl.M.C. is disposed of.