Disposed

Padma Gireesh v. State of Kerala

Kerala HC18 Jul 2024Crl.MC/8024/2023

Case brief

AI extract

What is this about?

In a criminal miscellaneous case filed under Section 482 Cr.P.C., the High Court of Kerala addressed the petitioner's plea that his seized mobile phone was retained indefinitely for forensic analysis without him being an accused. The court directed the forensic laboratory to complete the analysis within five months while rejecting the interim custody claim.

What did the court decide?

Direction given to the second respondent to complete forensic analysis of the petitioner's mobile phone within five months from the date of receipt of the order copy.

Padma Gireesh Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 18TH DAY OF JULY 2024 / 27TH ASHADHA, 1946

¶4

CRL.MC NO. 8024 OF 2023

¶5

CRIME NO.12/2023 OF PERUMPADAPPU POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT DATED 14.07.2023 IN CMP NO.3764 OF
2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PONNANI

¶6

PETITIONER/PETITIONER S:

¶7

PADMA GIREESH, AGED 46 YEARS
S/O GOPINADHAN, AMBATTEYIL HOUSE,
NARANIPUZHA, PO, PIDAVANNUR, PONNANI TALUK,
MALAPPURAM REPRESENTED BY THE POWER OF ATTORNEY
HOLDER MOHANAN.M, AGED 53 YEARS, S/O KUNJAN,
MENATH HOUSE, P.O PIDAVANNOOR,
PONNANI TALUK, MALAPPURAM DISTRICT – 679 574.
BY ADVS.
RAJIT
AJAIY BASKAR

¶8

RESPONDENT/STATE :

¶9

1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN – 682 031.

¶10

2STATION HOUSE OFFICER
PERUMPADAPPU POLICE STATION,
GURUVAYUR- ALTHARA- PONNANI ROAD,
PERUMBADAPPU, MALAPPURAM – 679 580.
3ADDL R3
THE DIRECTOR
REGIONAL FORENSIC SCIENCE LABORATORY,
H66M+6JQ, MANNUMKAD,
RAMAVARMAPURAM, THRISSUR – 680 631., IS IMPLEADED AS
ADDITIONAL R3 AS PER ORDER DATED 04.01.2024 IN
CRL.MA.NO.2/2023

¶11

SRI. ASHI M.C (PP)

¶12

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶13

CRL.MC 8024/2023

¶14

¶15

BECHU KURIAN THOMAS, J

¶16

......….............................................

¶17

…................................................

¶18

Dated this the 18^th day of July, 2024

¶19

ORDER

¶20

The relief sought for in this petition under Section 482 Cr.P.C. is to set aside

¶21

Annexure-A3 order dated 14.07.2023 in CMP No.3764/2023 on the files of

¶22

the Judicial First Class Magistrate Court, Ponnani arising out of Crime No.12/2023 of Perumpadappu Police Station.

¶23

Petitioner is not an accused in the above crime. However, his mobile phone was seized and has been send to the forensic laboratory for analysis.

¶24

Since petitioner’s mobile phone was seized without even arraying him as an accused, the continued retention of the said phone indefinitely under the guise of analysis by the Forensic Science Laboratory is not legally proper.

¶25

It is informed by the learned Public Prosecutor that the Regional Forensic Science Laboratory had conveyed to the second respondent that, as of now, analysis is being carried out in respect of phones that were seized in the year 2020.

¶26

Petitioner’s phone was seized only on 19.01.2023, which indicates that the petitioner may have to wait for several years, going by the information from

¶27

CRL.MC 8024/2023

¶28

¶29

the forensic science laboratory. Since the petitioner has not even been arrayed as an accused, the continued retention of his mobile phone is illegal. However, to balance the interest of the investigation as well as that of the petitioner, a direction is necessary to complete the analysis of the mobile phone of the petitioner immediately.

¶30

Hence, second respondent is directed to complete the forensic analysis of petitioner’s mobile phone, allegedly involved in Crime No.12/2023 of Perumpadappu Police Station, as expeditiously as possible, at any rate, within a period of five months from the date of receipt of a copy of this order.

¶31

As far as petitioner’s claim for interim custody of the mobile phone is concerned, since the mobile phone has already been sent for forensic analysis, the application cannot be considered at present. After receipt of the report from the forensic laboratory, petitioner will be at liberty to file a fresh application. If any such application is filed, the same shall be considered untrammeled by any of the observations in Annexure-A3 order.

¶32

With the above observations, this Crl.M.C. is disposed of.

¶33

sd/BECHU KURIAN THOMAS JUDGE

¶34

AMV/18/07/2024

¶35

CRL.MC 8024/2023

¶36

¶37

APPENDIX OF CRL.MC 8024/2023

¶38

PETITIONER ANNEXURES

¶39

ANNEXURE 1A TRUE COPY OF THE POWER OF ATTORNEY EXECUTED
BY THE PETITIONER DATED 08.07.2023
ANNEXURE 2A TRUE COPY OF THE FIR REGISTERED BY
PERUMPADAPPU POLICE STATION IN CRIME NO.
12/2023 DATED 03.01.2023
ANNEXURE 3CERTIFIED COPY OF THE ORDER OF THE LEARNED
JUDICIAL FIRST CLASS COURT PONNANI, DATED
14.07.2023 IN C.M.P NO.3764/2023 ARISING FROM
CRIME NO. 12/2023 OF PERUMPADAPPU POLICE
STATION.

Padma Gireesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Padma Gireesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Suresh Kumar K S @ Aji K S Vs State of Kerala

Abdul Rahman, Vs State of Kerala

Welfare Association of Poor & Deceived People Vs Union of India

Anjali B Vs Shibu Paulose

Sadarul Anam Vs State of Kerala

Abdul Rasheed.P.E, Vs State of Kerala