Allowed the applicant's application to set aside the impugned order dismissing the request for interim custody of the original registered sale deed seized during investigation.
Impugned order set aside; court below directed to release document on production of certified copy on reasonable conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
FRIDAY, THE 6TH DAY OF MARCH 2015/15TH PHALGUNA, 1936
Crl.MC.No. 1075 of 2015 ()
CRIME NO. 799/2014 OF ERATTUPETTA POLICE STATION, KOTTAYAM CC NO. 767/14 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ERATTUPETTA
PETITIONER/4TH ACCUSED :
SHAJI PAUL, AGED 40 S/O.PAUL, KUDAKKANAL HOUSE, KUNNOM KARA POONJAR THEKKEKKARA VILLAGE, MEENACHIL TALUK.
BY ADVS.SRI. V. RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM
RESPONDENTS/STATE & COMPLAINANT :
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682031.
2. SUB INSPECTOR OF POLICE, ERATTUPETTA-686122.
R1 & R2 BY PUBLIC PROSECUTOR SMT. P. MAYA
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
...2/-
Crl.MC.No. 1075 of 2015 ()
APPENDIX
PETITIONERS' ANNEXURES :
ANNEXURE-A1 CERTIFIED COPY OF ORDER IN C.M.P. 5501/14 IN CRIME NO.799/14 OF ERATTUPETTA POLICE STATION (C.C.767/14) DATED 6.1.2015.
RESPONDENT(S)' EXHIBITS : NIL
//TRUE COPY//
Mn
P.UBAID, J.
Crl. M.C No.1075 of 2015
Dated this the 6th day of March, 2015.
O R D E R
The petitioner herein is the accused No.4 in Crime No.799/14 of the Erattupetta police Station registered under Section 420 IPC, Section 17 of the Kerala Money Lenders Act, and Section 9(2) of the Kerala prohibition of charging Exorbitant Interest Act 2012. During investigation the police seized two documents; one relating to the second accused and the other relating to the fourth accused. The two documents are registered sale deeds. The petitioner made an application before the learned Judicial First Class Magistrate, Eerattupetta for interim custody of the said document under Section 451 Cr.P.C. The learned Magistrate dismissed the said application, C.M.P No.5501/14, on 6.1.2015 on the ground that the petitioner will tamper with the document, if it is released. The said order is under challenge, and it is sought to be set aside. On hearing both sides and on a perusal of the impugned order I find that the document can be released to the petitioner on appropriate reasonable conditions. The document sought by the petitioner under Section 451 Cr.P.C is a registered sale
Crl. M.C No.1075 of 2015 2
deed. There is question of tampering or making additional entries in the document, when it is a registered sale deed. For the purpose of trial, or for proving the transaction, a certified copy of the document will suffice. On the petitioner producing a certified copy to substitute, the original document can be released to him on appropriate reasonable conditions.
In the result, this petition is allowed. The impugned order is hereby set aside and the court below is directed to release the document to the petitioner on appropriate reasonable conditions, on production of a certified copy of the document in court.
P.UBAID, JUDGE
sab
1 issue framed by the court
Whether the impugned order dismissing the application for interim custody of the original registered sale deed should be set aside.
4 provisions across 4 enactments
SHAJI PAUL
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
P.UBAID
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