Kerala High Court
Gokul Raj vs State Of Kerala on 13 August, 2021
Author: P.Somarajan
Bench: P.Somarajan
Crl.MC No.3559/2021 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
Friday, the 13th day of August 2021 / 22nd Sravana, 1943
CRL.M.APPL.NO.1/2021 IN CRL.MC NO. 3559 OF 2021
CRIME NO.5/2020 OF Attingal Excise Circle Office, Thiruvananthapuram
SC 82/2021 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - IV,
THIRUVANANTHAPURAM
PETITIONER/PETITIONER:
GOKUL RAJ, AGED 27 YEARS, S/O. RAJAN, CHITHIRA, NEAR GIRLS HIGH
SCHOOL, ATTINGAL, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT.
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA REPRESENTED BY THE CIRCLE INSPECTOR OF EXCISE,
ATTINGAL EXCISE RANGE OFFICE, THIRUVANANTHAPURAM, BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.
2. NODAL OFFICER BSNL, OFFICE OF THE CHIEF GENERAL MANAGER, PMG
JUNCTION, THIRUVANANTHAPURAM, PIN-695 033.
3. NODAL OFFICER PHARTI AIRTEL LIMITED, SL AVENUE, NH BYPASS,
KUNDANNOOR JUNCTION, MARADU (P.O), ERNAKULAM, KOCHI-682 304.
4. S.AJIDAS CIRCLE INSPECTOR OF EXCISE, ATTINGAL, THIRUVANANTHAPURAM
DISTRICT, PIN-695 101.
5. M.NOUSHAD CIRCLE INSPECTOR OF EXCISE, VARKALA, THIRUVANANTHAPURAM
DISTRICT, PIN-695 603.
6. MANOJ M.S. RANGE INSPECTOR OF EXCISE, KILIMANOOR, PRESENTLY WORKING
AS CIRCLE INSPECTOR OF EXCISE CHECK POST, ARYANKAVU, KOLLAM, PIN-691
309.
Application praying that in the circumstances stated therein the
High Court be pleased to pass an interim order, directing the respondents
2 and 3 herein to preserve name of the subscriber and tower location of
mobile numbers of the petitioner, ie, 8281808788 and also 9400069407 used
by the 4th respondent, 9400068951 used by the 5th respondent and
9400069422 used by the 6th respondent for a period from 2 PM to 10 PM on
22/08/2020 after masking the call details in sealed cover and keep in
their safe custody, as sought for by the petitioner in Annexure-C
petition, ending final disposal of the above Crl.M.c.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of A.N.RAJAN BABU, Advocates for the
petitioner and of MATHEWS.K.PHILIP,SC for 2nd respondent and of PUBLIC
PROSECUTOR for the 1st respondent, the court passed the following:
Crl.MC No.3559/2021 2/4
APPENDIX OF CRL.MC 3559/2021
Annexure C A TRUE PHOTOSTAT COY OF THE PETITION, CRL.MP
NO.954/2021 IN SC NO.82/2021 FILED BY THE PETITIONER
DATED 15.7.2021 BEFORE THE ADDL. SESSIONS JUDGE-IV,
THIRUVANANTHAPURAM.
Crl.MC No.3559/2021 3/4
P.SOMARAJAN, J.
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Crl.M.A.1/2021 in Crl.M.C.No.3559/2021
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Dated this the 13th day of August, 2021
ORDER
The accused No.3 came up for a direction to the 2nd and 3rd respondents to preserve and maintain the calls details originated and received from mobile numbers shown in the application (8281808788, 9400069407, 9400068951, 9400069422) and its tower location of the relevant period so as to take up the same by way of defence available to the accused. The counsel for the 2 nd and 3rd respondents fairly submitted that as per rule, they are bound to maintain it only for one year unless otherwise directed by a court or competent authority. The learned Additional Director General of Prosecution submitted that the preservation of those documents will not serve any purpose.
2. Having regard to the submissions on both sides, there will be a direction to the 2 nd and 3rd respondents to preserve all the call details and tower location regarding the calls originated and Crl.MC No.3559/2021 4/4 Crl.M.A.1/2021 in Crl.M.C.No.3559/2021 2 received by the mobile numbers mentioned in the application (8281808788, 9400069407, 9400068951, 9400069422), until further orders. If it is not within the authority of 2nd and 3rd respondents, the same shall be taken to the notice of their senior officer having competency, so as to preserve the same until further orders.
The application is allowed accordingly.
Sd/-
P.SOMARAJAN, JUDGE H/o msp 13-08-2021 /True Copy/ Assistant Registrar