keys were taken, bureau was opened and three sovereigns of gold jewel was taken away from the bureau. Thereafter, he lodged a complaint. On coming to know that the accused in this case, namely, Sureshkumar was arrested in Crime No.118 of 2013 for the offence under Section 379 IPC by the Vellore South Police Station. On his arrest, the said Sureshkumar given a confession statement narrating his family background, sequence and events taken place in his life, how he indulged in robbery and theft of jewels and valuables committed by him at various places. In the confession, he referred to the offence committed in the petitioner's house on 06.10.2013 by breaking open the bureau, taken away three sovereigns of gold jewels, which he made it as two pieces, one half was changed into ingot of 12 grams and another half was sold. On coming to know about the arrest and recovery shown in Crime No.118 of 2013, the petitioner filed a petition under Section 451 of Cr.p.C. seeking interim custody of the case property, namely, 12grams gold in C.M.P.No.5791 of 2013. The learned Judicial Magistrate No.I, Vellore by order dated 18.11.2013 observed that on enquiry it was found that the ownership of the gold jewels [case property] is not in dispute, further there is no counter complaint for the same and recording the same, the ingot was handed over to the petitioner with certain directions. Thereafter, the petitioner was called as a witness in C.C.No.2 of 2014, the petitioner was examined as P.W.1, his wife was examined as P.W.2, P.W.4 is the cousin of P.W.1 and P.W.5 is the neighbour of P.W.1. All these witnesses have categorically stated about the house breaking committed in the house of P.W.1, stolen of three sovereigns of jewels from the bureau, preparation of observation mahazar in the house Ex.P2, arrest of the accused and his confession and recovery made was spoken by P.W.6 and P.W.7. P.W.8 is the Police Personnel attached to the District Crime Bureau. P.W.9 is the the photographer, who visited the petitioner's house, taken photograph of the place of occurrence and the broken bureau. P.W.10 is the Investigating Officer. Further, the petitioner referred to the certified copy of Section 313 Cr.P.C. statement, wherein the accused stated that he committed theft of three sovereigns of gold jewels from the petitioner's house on 06.10.2013, thus the issuance of notice by the learned Judicial Magistrate No.I, Vellore in Despatch No.729/2017 dated 06.03.2017 calling upon the petitioner to produce the ingot [case property in CMP.No.5791/2013] to be confiscated is not proper.
