Kerala High Court
Satyanandan vs State Of Kerala on 3 April, 2014
Author: K.Ramakrishnan
Bench: K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
MONDAY, THE 16TH DAYOF JUNE 2014/26TH JYAISHTA, 1936
Crl.MC.No. 2419 of 2014
---------------------------
CMP.NO. 1829/2014 OF CHIEF JUDICIAL MAGISTRATE COURT ,KOLLAM
DATED 03-04-2014
.......
CRIME NO. 2550/2013 OF KOLLAM EAST POLICE STATION , KOLLAM
.......
PETITIONER/ACCUSED:
------------------------------------------
SATYANANDAN, AGED 62 YEARS,
S/O. KOCHURAMAN, ABHISHEK HOUSE, MAITRI NAGAR,
75 ASRAMOM CHERRY, KOLLAM EAST VILLAGE.
BY ADVS.SRI.V.V.RAJA
SRI.M.T.SURESHKUMAR
RESPONDENTS/COMPLAINANT:
----------------------------------------------------
1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. THE DIRECTOR,
FORENSIC LABORATORY, POLICE HEADQUARTERS,
THIRUVANANTHAPURAM-14.
R1 & R2 BY PUBLIC PROSECUTOR SMT.P.MAYA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 16-06-2014, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Kss
Crl.MC.No. 2419 of 2014
-----------------------------------
APPENDIX
PETITIONER(S)' ANNEXURES:
--------------------------------------------
ANX.1. TRUE COPY OF THE FIR IN CRIME NUMBER 2550 OF 2013 DATED 9-12-13
OF THE EAST POLICE STATION, KOLLAM.
ANX.2. TRUE CPY OF THE APPLICATION SUBMITTED BY THE PETITIONER
BEFORE THE LEARNED MAGISTRATE ON 31-3-2014.
ANX.3. TRUE COPY OF THE REPORT FILED BY THE INVESTIGATING OFFICER TO
CMP NO. 1829 OF 2014 DATED 2-4-2014.
ANX.4. TRUE COPY OF THE ORDER DATED 3-4-2014 IN CMP NO. 1829 OF 2014.
RESPONDENT(S)' ANNEXURES:
----------------------------------------------- N I L
/TRUE COPY/
P.A.TO JUDGE
Kss
K.RAMAKRISHNAN, J.
---------------------------
Crl.M.C.No.2419 of 2014
-------------------------------
Dated this the 16th day of June, 2014
ORDER
This is an application filed by the petitioner who is the accused in Crime No.2550/2013 of the Kollam East Police Station challenging the order passed in Crl.M.P.1829/2014 of the Chief Judicial Magistrate Court, Kollam under Section 482 of the Code of Criminal Procedure (hereinafter called as the 'Code')
2. It is alleged in the petition that he has been arrayed as accused No.1 in Crime No.2550/2013 of Kollam East Police Station. The crime was originally registered on the basis of the report submitted by the Chitty Inspector, Office of the District Registrar, Kollam alleging offences punishable under Sections 4 and 5 of the Chit Funds Act, 1982. He was arrested on 23/12/2013 and he was granted police custody and thereafter released on bail on 31/12/2013. The Investigating Officer had conducted search of the institutions of the petitioner and they have seized several Crl.M.C.No.2419 of 2014 2 items including the CPU of the computer which is used by the petitioner for the conduct of the business and on account of the seizure of the CPU, he is not able to pursue his business and file returns before the authorities as most of the transactions were recorded and saved in that instrument. So he filed a petition before the Chief Judicial Magistrate Court, Kollam as Crl.M.P.1829/2014 for releasing the hard disc of the computer or provide a certified copy of the datas recorded and saved in that instrument. But the learned Magistrate by the impugned Annexure 4 order dismissed the application. Aggrieved by the same, he came before this Court with the above application under Section 482 of the Code seeking the following relief:
to set aside Annexure 4 order dated 03/04/2014 in C.M.P.No.1829 of 2014 in Crime No.2550 of 2013 in the court of the Chief Judicial Magistrate Court, Kollam and issue necessary directions to the respondents to furnish a copy of the hard disk to the petitioner at his expenses by allowing this petition.
Crl.M.C.No.2419 of 2014 3
3. The learned Public Prosecutor appearing for the official respondents filed a statement through the Assistant Commissioner of Police who is in charge of the investigation and in paragraph 10 of the statement he had stated as follows:
" On account of the facts and circumstances stated above it is humbly submitted that there is no objection to give the copy of the contents in the questioned Hard Disc to the petitioner at his expense after the same was copied down to sterile Hard Disc in the FSL and copy handed over to the investigating officer. Before conducting the required examination in the FSL the investigating officer is destitute to satiate the petitioner by conceding his request. Therefore, it is humbly requested that this petition may be disposed of appropriately by considering the merits of facts and circumstances stated above."
4. When this was pointed out to the counsel for the petitioner, the counsel for the petitioner submitted that, that statement of the respondent may be recorded and he may be directed to furnish a copy as they have stated that they have no objection in furnishing the copy of the Crl.M.C.No.2419 of 2014 4 contents of the questioned hard disc at his expense, after the same was copied down in the sterile hard disc in the FSL and copy handed over to the investigating officer. So the above statement of the Assistant Commissioner of Police Crime detachment Kollam city is recorded and the petition is disposed of as follows:
After getting the data in the hard disc, copied down to the sterile hard disc in the FSL then if the petitioner applies for the same, the investigating officer is directed to furnish a copy of the contents so recorded in the hard disc to the sterile hard disc provided by the petitioner at his expense.
With the above direction and observation, this petition is disposed of.
Sd/-K.RAMAKRISHNAN JUDGE MJL