Criminal Miscellaneous Case allowing petitioners to remand matter to trial court for fresh consideration regarding materiality of seized mobile phones and interim custody.
Impugned order set aside; matter remanded to trial court for fresh consideration by parties appearing on 12.08.2021.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
TUESDAY, THE 3RD DAY OF AUGUST 2021 / 12TH SRAVANA, 1943
CRL.MC NO. 3430 OF 2021
AGAINST THE ORDER IN CRMP 1097/2021 OF I ADDITIONAL SESSIONS COURT,
ERNAKULAM
PETITIONERS/PETITIONERS/ACCUSED Nos.1 & 2:
BY ADV NIREESH MATHEW
RESPONDENT/RESPONDENT/COMPLAINANT-STATE:
STATE OF KERALA
REPRESENTED BYTHE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.
BY PUBLIC PROSECUTOR SMT. S.SEETHA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.08.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Prima facie it appears that the order passed by the learned Sessions Judge did not disclose anything with respect to the mobile phones alleged to have been seized by the police during the course of investigation. It is not specified anywhere in the order whether it is a material object involved in the crime or not. But the learned Public Prosecutor fairly submitted that the same was sent for examination by expert and it would prima facie show that it is one of the material objects involved in the crime.
it was not taken into consideration by the court at the time when the impugned order was passed. Hence the impugned order is hereby set aside. The matter is remanded back to the trial court for fresh consideration so as to verify whether it is a material object involved in the crime or
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not or whether it can be released for interim custody, for which the parties shall appear before the trial court on 12.08.2021.
The Crl.M.C. is allowed in part accordingly.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
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APPENDIX OF CRL.MC 3430/2021
PETITIONERS' ANNEXURE
ANNEXURE A TRUE PHOTOCOPY OF THE BILL DATED 15.6.2020. ANNEXURE B TRUE PHOTOCOPY OF THE PETITION IN CRL.M.P.NO.1097/2021 FILED BEFORE THE 1ST ADDL. SESSIONS COURT, ERNAKULAM DATED 30.6.2021. ANNEXURE C FREE COPY OF THE ORDER DATED 12.7.2021 IN CRL.M.P.NO.1097/2021 IN S.C.NO.289/2021 PASSED BY THE 1ST ADDITIONAL SESSIONS COURT, ERNAKULAM. ANNEXURE D TRUE PHOTOCOPY OF THE DECISION REPORTED IN 2020(4) KLT 102.
RESPONDENT'S ANNEXURE NIL
// TRUE COPY //
P.A. TO JUDGE
DEVINE MATHEW
AKASH P.
STATE OF KERALA
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
