The petitioner herein is the de facto complainant in crime No.356/2001 of the Punalur Police Station, registered under Sections 457 & 380 IPC. The property involved is an idol of Lord Aiyappa. Even after 13 years, the police has not been able to detect the offenders. The petitioner made an application before the learned Judicial First Class Magistrate -III, Punalur for interim custody of the idol under Section 451 Cr.P.C. The learned Magistrate allowed the application on certain conditions. The second condition is that the petitioner shall return the idol in the same condition without making any alterations, as and when ordered, or after completion of the adoration whichever is earlier. The petitioner is aggrieved by this condition. On a perusal of the impugned order I find that other effective conditions are there to cause production of the property, if at all such production again during trail is felt necessary. In such cases where the property involved is an idol having sanctity, court cannot impose such conditions, which would definitely be inappropriate. An idol having Crl. M.C No.7175 of 2014 2 sanctity cannot be carried form place to place. It was of course stolen away by somebody, but once it is recovered, it will have to be installed in the temple with necessary ceremonies, and once that is over, it would be in appropriate, and against the interest and feelings of the believers, to shift it again from the temple. I find that the second condition imposed by the court below is unjust and inappropriate, and it will have to be set aside. The other conditions imposed by the court are sufficient in the present circumstances. In the result, this petition allowed. The second condition imposed by the court below as per the order dated 10.2.2014 in C.M.P No.830/2014 will stand set aside.
P.UBAID, JUDGE sab