KRS 431.210: Return of property stolen if accused does not appear.

If any person indicted for stealing property, or for having stolen property in his

possession, breaks jail, forfeits his recognizance, or otherwise fails to appear for trial at

the proper time, the person claiming the property may make a motion in the cour t in

which the indictment is pending for the return of the property to him. The claim shall be

supported by the affidavit of the person claiming the property. The motion shall be

continued for thirty (30) days before final action is taken. A notice of the motion, served

upon the attorney for the Commonwealth, shall be taken as a notice served upon the

person named in the indictment, and shall give the court jurisdiction of the matter. The

attorney for the Commonwealth shall defend the motion. A jury shall t ry the facts, and if

it finds in its verdict that the claimant is entitled to the possession of the property, the

court shall enter judgment accordingly. The court may enforce the judgment by rule,

attachment and imprisonment as in cases of contempt. The c osts of the proceedings shall

be paid by the claimant, for which he may have judgment and execution against the

person stealing the property.