Allowed

Sunny Chacko v. State of Kerala

Kerala HC6 Mar 2015Crl.MC/1107/2015

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a petition seeking interim custody of two seized registered sale deeds. The court set aside the magistrate's order denying custody due to tampering risks, directing release of originals upon production of certified copies under reasonable conditions.

What did the court decide?

The impugned order was set aside; the court below was directed to release the original documents on reasonable conditions if the petitioner produces a certified copy.

Sunny Chacko Vs State of Kerala — Property and Title | Kerala HC (2015)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.UBAID

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FRIDAY, THE 6TH DAY OF MARCH 2015/15TH PHALGUNA, 1936

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Crl.MC.No. 1107 of 2015 ()

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IN CMP 5499/2014 of J.M.F.C.,ERATTUPETTA CRIME NO. 799/2014 OF ERATTUPETTAH POLICE STATION , KOTTAYAM

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PETITIONER(S)/2ND ACCUSED:

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SUNNY CHACKO AGED 45 YEARS S/O.CHACKO, CHONAKARAYIL HOUSE, KUNNOM KARA POONJAR THEKKEKKARA VILLAGE, MEENACHIL TALUK

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BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR)

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RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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2. SUB INSPECTOR OF POLICE, ERATTUPETTA - 686 122.

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R BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE. P

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1107 of 2015 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNX A1- CERTIFIED COPY OF ORDER IN C.M.P 5499/14 IN CRIME NO. 799/14 OF ERATTUPETTA POLICE STATION (C.C.767/14) DATED 6.1.15

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RESPONDENT(S)' EXHIBITS

/TRUE COPY/

PA TO JUDGE sab

P.UBAID, J.

Crl. M.C No. 1107 of 2015

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Dated this the 6^th day of March, 2015.

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O R D E R

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The petitioner herein is the accused No.2 in Crime No.791/14 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.5499/14, 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

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Crl. M.C No. 1107 of 2015 2

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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.

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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

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document in court.

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P.UBAID, JUDGE

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sab

Sunny Chacko v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sunny Chacko v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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