Dismissed

Sunny T.J. v. State of Kerala

Kerala HC20 Jul 2021Crl.MC/1235/2021

Case brief

AI extract

What is this about?

The High Court dismissed the petitioner's plea for interim custody of gold ingots involved in the crime, directing him to seek custody post-trial. The court directed the lower court to dispose of the case within two months.

What did the court decide?

Direction to petitioner to wait for trial completion and seek custody of gold ornaments under Section 452 Cr.P.C. afterwards. Trial to be concluded within two months.

Sunny T.J. Vs State of Kerala — Property and Title | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ASHOK MENON

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TUESDAY, THE 20^TH DAY OF JULY 2021 / 29TH ASHADHA, 1943

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CRL.MC NO. 1235 OF 2021

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FROM ORDER IN CMP NO.1075/2021 IN CC NO.642/2017 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT NO.III, PERUMBAVOOR.

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PETITIONER/PETITIONER:

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SUNNY T.J. AGED 54 YEARS S/O. JOSEPH, THEEYATTUSSERY HOUSE, THOONGALI KARA, VENGOOR P. O. VENGOOR VILLAGE, KUNNATHUNADU TALUK.

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BY ADVS. SABU JOHN SMT.G.BINDU SHRI.RAJEEVU L.G.

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RESPONDENT/S:

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STATE OF KERALA

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REPRESENTED BY THE SUB INSPECTOR OF POLICE, KURUPPUMPADY, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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OTHER PRESENT:

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SR.PP.SRI.C.S.HRITHWIK

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

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20.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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CRL.MC NO. 1235 OF 2021 2

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O R D E R

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Dated this the 20^th day of July, 2021

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The petitioner is aggrieved by the order of the learned Judicial First Class Magistrate Court-III, Perumbavur in CMP No.1075/2020 in C C No.642/2017. An application was filed under Section 451 of Cr.P.C. to get interim custody of gold ingot involved in the crime. The trial is already completed and the case now stands posted for questioning under Section313 Cr.P.C. The examination of witnesses completed and the trial is almost coming to a close. The petitioner therefore seeks interim custody of the gold ornaments and has approached this Court for indulgence. It is seen from the impugned order at Annexure 1 that the trial is almost complete and that the petitioner has to seek disposal of the property under Section 452 of Cr.P.C..

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In view of the fact that the trial is coming to a close, the petitioner shall wait till the trial is completed and seek custody of the gold ornaments after the disposal of the case by the learned Magistrate. The learned Magistrate is directed to expedite the

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CRL.MC NO. 1235 OF 2021 3

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disposal of the case C.C No.642/2017 on the files of the Judicial First Class Magistrate Court-III, Perumbavur at any rate within a period

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of two months from the date of receipt of a copy of the order of this

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Court.

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Sd/-

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ASHOK MENON JUDGE

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rmm

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CRL.MC NO. 1235 OF 2021 4

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APPENDIX OF CRL.MC 1235/2021

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PETITIONER ANNEXURE

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ANNEXURE 1 CERTIFIED COPY OF THE ORDER IN CMP NO.1075/20 IN C.C.NO.642/17 BEFORE JFMC NO.III, PERUMBAVUR, DATED 09.12.2020.

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ANNEXURE 2 PHOTOCOPY OF THE PETITION CMP NO.1075/2020.

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RESPONDENT'S ANNEXURE NIL

Sunny T.J. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sunny T.J. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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