SAMPATH Vs. STATE OF KERALA
LAWS(KER)-2014-7-131
HIGH COURT OF KERALA
Decided on July 31,2014

SAMPATH Appellant
VERSUS
STATE OF KERALA Respondents


Referred Judgements :-

SUNDERBHAI AMBALAL DESAI VS. STATE OF GUJARAT [REFERRED TO]
SHAMEER VS. STATE OF KERALA [REFERRED TO]


JUDGEMENT

A. Hariprasad, J. - (1.)PETITIONS filed under Section 482 of the Code of Criminal Procedure (in short, "Cr.P.C.").
(2.)PETITIONERS filed an application before the learned Judicial First Class Magistrate, Kattakkada under Section 451 Cr.P.C. seeking release of certain quantity of gold ingots in interim custody. The court below declined their request. In a similar petition filed by the de facto complainant (4th respondent in this proceedings) the court allowed the prayer. Challenging both the orders (Annexure -III in Crl.M.C.No.3347 of 2012 and Annexure -V in Crl.M.C.No.3797 of 2012), the petitioners have come before this Court.
Heard the learned counsel for the petitioners and the learned counsel for the 4th respondent/de facto complainant. Learned Public Prosecutor is also heard.

(3.)KATTAKKADA Police registered Crime No. 988 of 2012 for offences punishable under Sections 120B, 409 and 420 read with Section 34 of the Indian Penal Code (in short, "IPC"). Prosecution case is that the accused 1 to 3 were the staff in a jewellery owned by the de facto complainant. They conspired together and committed criminal breach of trust and cheating. The accused stealthily removed gold ornaments of various designs kept in the jewellery and replaced them with imitation gold to maintain the stock for a period from 26.09.2009 to 03.09.2012. The gold ornaments thus pilfered were entrusted with the accused 4 and 5, who in turn melted the same and converted to pure gold. The pure gold so made was surreptitiously sold to the jewelleries belonging to the petitioners and also to the jewellery of the de facto complainant. The sale proceeds were handed over by accused 4 and 5 to accused 1 to 3. This is the sum and substance of the allegations in the prosecution case.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.