Allowed

Sankaranarayanan v. State of Kerala

Kerala HC4 Mar 2021Crl.MC/69/2021

Case brief

AI extract

What is this about?

The Court disposed of a criminal miscellaneous petition challenging the dismissal of an interim custody application for a seized mobile phone. The Court held that since the investigating officer completed the scientific examination and filed the final report, the objection ceases to exist.

What did the court decide?

Petitioner permitted to submit a fresh application for interim release of his mobile phone to be considered by the Magistrate on merits.

Sankaranarayanan Vs State of Kerala — Execution and Attachment | Kerala HC (2021)

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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 V.G.ARUN

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THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942

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Crl.MC.No.69 OF 2021(G)

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AGAINST THE ORDER/JUDGMENT IN CMP 1611/2020 OF JMFC - VIII, ERNAKULAM (TEMPORARY)

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CRIME NO.419/2020 OF Panangad Police Station , Ernakulam

PETITIONER:

SANKARANARAYANAN

AGED 36 YEARS

S/O.PARTHASARATHY, KARTHIKA, NEAR SIVA TEMPLE, KUMBALAM, PIN-682 506.

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BY ADVS.

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SRI.K.R.VINOD SMT.M.S.LETHA KUM.K.S.SREEREKHA

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RESPONDENTS:

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

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2 THE STATION HOUSE OFFICER, PANANGADU POLICE STATION, ERNAKULAM, PIN-682 506.

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OTHER PRESENT:

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SR.PP.C.S.HRITHWIK

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.69 OF 2021

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O R D E R

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Dated this the 4th day of March 2021

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The challenge in this Crl.M.C is against Annexure A2

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order by which the Judicial First Class Magistrate Court-VIII

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Ernakulam dismissed the petitioners application under Section 451

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Cr.PC, seeking interim custody of his mobile phone, seized in
connection with Crime No. 419 of 2020 of Panangad Police Station.

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The dismissal is based on the objection of the investigating officer

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that the mobile phone has been sent to the Cyber Police Station,

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Kakkanad for mirroring and drawing of information and that the

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process is not complete.

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2. Today, when the matter was taken up for consideration, the

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learned Public Prosecutor submitted that, pending the Crl.M.C, the

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investigation, including the scientific examination of the mobile

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Crl.MC.No.69 OF 2021

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phone, was completed and final report filed and the case is
pending as CP.No. 1 of 2021, before the Judicial First Class
Magistrate Court-VIII. Ernakulam. The scientific examination of the
petitioner's mobile phone having been completed, the objection on
that ground cannot subsist any longer.

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The Crl.M.C., is hence disposed of, permitting the petitioner to
submit a fresh application seeking interim release of his mobile
phone. On such application being filed, the learned Magistrate shall
consider the same on merits and pass orders thereon, untrammeled
by the observations/ findings in Annexure- A2.

Sd/-

V.G.ARUN

JUDGE

RMV/04/03/2021

Crl.MC.No.69 OF 2021

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 THE COPY OF CMP 1161/2020 FILED BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT VIII, ERNAKULAM. ANNEXURE A2 THE ORDER OF THE HON'BLE JFCM-VIII COURT DISMISSING THE CMP 1161/2020 DATED 17.12.2020.

Sankaranarayanan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sankaranarayanan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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