IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 Crl.MC.No. 4832 of 2008() ------------------------- CRRP.31/2008 of SESSIONS COURT, KOLLAM .................... (CRIME NO.382/2008 OF EZHUKONE POLICE STATION) PETITIONER(S): 2ND ACCUSED: -------------------------------------------------- PREM KUMAR @ PREM, AGED 32 YEARS, S/O.BHARATHAN ACHARY, RESIDING AT PUTHEN VEEDU, NEAR HIGH SCHOOL JUNCTION, CUTCHERRY WARD, KOLLAM WEST VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.V.ANIL (K/1480/98) RESPONDENT(S): COMPLAINANT: ----------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE, CRIME DETACHMENT, KOLLAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ Crl.M.C. No.4832 of 2008 ------------------------------------- Dated this the 6th day of January, 2009 ORDER Petitioner faces allegations in a crime registered alleging offences punishable, inter alia, under Section 420 I.P.C. The petitioner's house was searched and certain articles were recovered. The petitioner was arrested. The petitioner sought release of all the items seized from his premises. The learned Magistrate ordered notice to the learned Public Prosecutor. It was reported that the prosecution has no objection against release of some of the articles. The learned Magistrate proceeded to pass the impugned order rejecting the prayer for release of all the articles. 2. The learned counsel for the petitioner submits that the learned Magistrate had not applied his mind to the relevant facts. The learned Magistrate may be directed to dispose of the matter afresh. The petitioner has already filed a list of articles which are sought to be released, it is submitted. If such a list has not already been filed, a fresh list shall be filed and specific response of the prosecution shall be obtained as to whether the Crl.M.C. No.4832 of 2008 2 prosecution has objection against release of any of the specific items. After considering all the relevant circumstances, appropriate fresh orders shall be passed by the learned Magistrate. 3. In the result: i) This Crl.M.C is allowed; ii) The impugned order is set aside; iii) The learned Magistrate is directed to dispose of the petition afresh in accordance with law after giving the parties an opportunity to raise specific claims and specific objections as indicated above as expeditiously as possible. 4. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-