Disposed

Chemancheri Service Co-Operative Bank Ltd. No. (F 779) v. State of Kerala

Kerala HC7 Jul 2023Crl.MC/623/2023

Case brief

AI extract

What is this about?

The High Court directed the Judicial Magistrate to consider the petitioner bank's application (CMP No. 3666/2022) regarding custody of seized gold ornaments and to pass appropriate orders on merits within one month, rejecting the argument that the petitioner was a stranger to proceedings.

What did the court decide?

Directed the learned magistrate to consider Annexure-4 application and pass appropriate orders on its merits within one month from the date of receipt.

Chemancheri Service Co-Operative Bank Ltd. No. (F… — Criminal Trial and Appeal | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV
FRIDAY,THE7THDAYOFJULY2023/16THASHADHA,1945
CRL.MCNO.623OF2023

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AGAINSTTHEORDERINCCNO.511/2016OFJUDICIALMAGISTRATEOF
FIRSTCLASS-I,KOYILANDY

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PETITIONER/3RD PARTY :-

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CHEMANCHERISERVICECO-OPERATIVEBANKLTD.NO.(F779)
REP.BYITSSECRETARY,CHEMANCHERIP.O.,KOYILANDY,
KOZHIKODE,PIN-673304

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BYADVS.
M.PROMODHKUMAR
MAYACHANDRAN

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RESPONDENTS/STATE/ACCUSED/DEFACTOCOMPLAINANT:-

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1STATEOFKERALA
REPRESENTEDBYPUBLICPROSECUTOR,
HIGHCOURTOFKERALA,PIN-682031

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2 RAHMATH T.K, AGED 41 YEARS W/O. BABU@ BASHEER, PALOTT KUNI HOUSE, THOUFEEQUE MANZIL, KAPPAD (PO), CHEMANCHERY AMSOM DESOM, KOYILANDY TALUK, KOZHIKODE, PIN - 673304

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3 C.P.ABDUL LATHEEF, AGED 62 YEARS S/O. MOIDEENKUTTI HAJI, AL- UBAID (H), KAPPAD (PO), THIRUVANGOOR AMSOM, KAPPAD DESOM, KOYILANDY TALUK, KOZHIKODE - 673304

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BY ADV SHARAN SHAHIER

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THISCRIMINALMISC.CASEHAVINGCOMEUPFORADMISSIONON
07.07.2023,THECOURTONTHESAMEDAYPASSEDTHEFOLLOWING:

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CRL.MCNO.623OF2023

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ORDER

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This petition is filed seeking the following reliefs :-

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(i) Direct the JFCM Koyilandy not to release the gold ornaments mentioned in Annexure 2 seizure Mahazar in Crime No.613/2015 in Koyilandy Police Station to respondents 2 and 3 before clearing the loan liability to the petitioner.

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(ii) Direct the Magistrate to consider and pass orders in Annexure-P4 application without any further delay.

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Short facts are as under:

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a) Based on the information furnished by the 3rd respondent, Crime No. 613 of 2015 was registered by the Sub Inspector of Police, Koyilandy Police Station for offenses under Sections 420, 386 and 502 of the IPC against the 2nd respondent. The case was taken on the file as C.C.No.511 of 2016 on the file of the Judicial Magistrate of First Class, Koyilandy.

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b) The prosecution allegation is that the accused by making representations and threats, induced PW2, the wife of the 3rd respondent, to part with gold, cash, and other valuable securities and thereafter misappropriated the same.

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c) After registration of the crime, the gold ornaments were seized from various financial institutions including the Chemancherry Service Co-operative Bank Ltd.

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d) While the case was pending trial, separate applications were filed by various institutions and banks seeking interim custody of the items seized and those applications were dismissed by the learned magistrate by Annexure-3 order holding that the release of the gold ornaments was not feasible without deciding the claims on its merits.

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CRL.MCNO.623OF2023

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The said order has become final.

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e) After a protracted trial, judgment has been pronounced by the learned magistrate on 29.10.2021. The learned magistrate proceeded to hold that the 2nd respondent guilty of the offence under Section 420 of the IPC and she was convicted and sentenced to undergo simple imprisonment for a period of two years and to pay a fine of Rs.10,000/- under Section 420 of the IPC. In paragraph No. 50 of the judgment, the learned magistrate has ordered that MOs 1 to 109 which are gold ornaments be released to PW1 after the expiry of the appeal period.

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The petitioner, the Chemancheri Service Co-operative

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Bank Ltd. states that the accused had received money from the bank by pledging gold and she has not cleared of the liability. It is stated that a sum of about Rs. 5 lakhs is due. In the said circumstances, an application has been filed as CMP No.3666 of 2022 before the learned Magistrate invoking Section 452 of the Cr.P.C. The grievance of the petitioner is that no orders have been passed on this said application. The petitioner alleges that the accused and the complainant have entered into some arrangement and measures are being taken by the informant to get custody of the gold ornaments. This has led the petitioner to approach this Court seeking directions.

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Sri. Sharan Shahier, the learned counsel submits that the learned magistrate has ordered that MOs.1 to 109 be released to the informant. It is further submitted that the petitioner is a stranger to the

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CRL.MCNO.623OF2023

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proceeding, and he cannot claim to interdict the court from acting in terms of the provisions of the Code.

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I have considered the submissions advanced.

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I find from the judgment passed by the learned

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Magistrate that orders have been issued by the Magistrate at the time of convicting the accused that the gold ornaments produced as Mos.1 to 109 be released to the petitioner herein. It appears that the petitioner has also filed an application before the learned magistrate staking their claim. In view of the matter, it would be appropriate to issue directions to the learned magistrate to consider Annexure-4 application and take a decision in accordance with law.

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Resultantly, this petition is disposed of directing the learned magistrate to consider Annexure-4 application and pass appropriate orders on its merits within a period of one month from the date of receipt of a copy of this order.

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Sd/-

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RAJA VIJAYARAGHAVAN V JUDGE

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SMA

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CRL.MCNO.623OF2023

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APPENDIX OF CRL.MC 623/2023

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PETITIONER ANNEXURES

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`Annexure1`	`TRUE`	`COPY`	`OF` `THE`	`ORDER` `OF` `JFCM` `KOYILANDY` `IN` `CMP`
	`3418/`	`2015`	`IN CRIME`	`NO 613/2015 DATED 09.07.2015`

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`Annexure2`	`TRUE COPY OF THE SEIZURE MAHASSAR PREPARED BY THE`
	`POLICE DATED 20.07.2015 IN CRIME NO.613/2015.`

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`Annexure3`	`TRUE`	`COPY`	`OF`	`THE`	`ORDE`	`R` `OF`	`THE`	`JFCM`	`KOYILANDY CMP`
	`5559/`	`2015`	`IN`	`CRIME`	`NO.`	`613/2`	`015`	`DATED`	`03.10.2016.`
`Annexure4`	`TRUE`	`COPY`	`OF`	`THE`	`CMP`	`3666`	`/2022`	`IN`	`CC 516/2016 IN`
	`CRIME`	`NO.`	`613`	`/2015`	`DAT`	`ED 17.`	`11.2`	`022`

Chemancheri Service Co-Operative Bank Ltd. No. (F 779) v. State of Kerala

Case brief

What is this about?

What did the court decide?

Chemancheri Service Co-Operative Bank Ltd. No. (F 779) v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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