Ratheesh @ Kozhy Ratheesh v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID MONDAY, THE 2ND DAY OF MARCH 2015/11TH PHALGUNA, 1936 Crl.MC.No.7406 of 2014 () -------------------------- AGAINST THE ORDER IN CRMP 556/2014 of J.M.F.C.-I, ALUVA DATED 08-04-2014 CRIME NO. 1952/2013 OF ALUVA EAST POLICE STATION , ERNAKULAM ----------------------------------------------------- PETITIONER/ACCUSED :
RATHEESH @ KOZHY RATHEESH, AGED 50 YEARS S/O. NANDIKESAN, THURUMBUMKALAYIL HOUSE POONATHOOR KARA, PANATHADI, HOSDURG KASARAGOD DISTRICT.
BY ADVS.SRI.K.B.ARUNKUMAR SRI.K.S.HARIDAS RESPONDENT/STATE :
------------------------------------ STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE ALUVA EAST POLICE STATION, ERNAKULAM DISTRICT REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN-682032.
BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VS
Crl.MC.No.7406 of 2014 () ----------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE 1 - THE TRUE COPY OF THE ORDER DATED CMP NO. 1020(A)/2014 IN CRIME NO. 342/2013 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOCHI.
ANNEXURE 2 - THE TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ALUVA.
ANNEXURE 3 - THE CERTIFIED COPY OF ORDER DATED 08-04-2014 IN CRL.M.P.NO. 556/2014 IN CRIME NO. 1952/2013 NOW PENDING ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ALUVA.
RESPONDENT(S)' EXHIBITS NIL /TRUE COPY/ PA TO JUDGE VS
P.UBAID, J Crl.M.C.No.7406 of 2014 ---------------------------------------- Dated this the 2nd day of March, 2015
ORDER
The petitioner herein is the accused in Crime.No.1952/2013 of the Aluva East Police Station registered under Sections 457, 461 and 380 of IPC. The petitioner was arrested by the police, and on search, the police seized some ornaments and amount from the possession of the petitioner. The petitioner made an application before the learned Magistrate under Section 451 of Cr.P.C. The learned Magistrate dismissed the application on the ground that, it is a matter to be decided on trial whether, these ornaments were in fact purchased by the petitioner with the stolen amount, or whether these are the personal properties of the accused. The petitioner has no explanation as to how and why he was found in possession of such ornaments, at the time of arrest in the night. It is submitted that, he is a person doing textile business. It is not known how such a person is involved as accused in ten crimes. All these crimes involve the offences of house
Crl.M.C.No.7406 of 2014 breaking, theft etc. There is police report that the petitioner is a habitual offender, involving in offences like house breaking, theft, robbery etc. Such a person will have to explain how, and in what circumstance, he was found in possession of some gold ornaments. The court will have to consider the prosecution allegation at this stage that these ornaments were purchased by him with the amount stolen from the possession of the complainant. He will have to prove his claim during trial. It is appropriate that the ornaments be not released to him under Sections 451 Cr.P.C. I find no ground to interfere in the order passed by the court below.
In the result, this Crl.M.C. Is dismissed.
Sd/- P.UBAID JUDGE /TRUE COPY/ PA TO JUDGE vs