IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 30TH JANUARY 2007 / 10TH MAGHA 1928 Crl.MC.No. 145 of 2007() ------------------------ MP.13343/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... PETITIONER: 1ST ACCUSED ----------------------- AMMANULLA, S/O. MUHAMMEDKUTTY, AGED 30 YEARS, KALATHIL HOUSE, VALLAPUZHA, PALAKKAD. BY ADV. SRI.ROBSON PAUL SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENTS: COMPLAINANT ------------------------ THE STATE OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, THRISSUR TOWN EAST POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. LATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/01/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 145 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of January, 2007 O R D E R The petitioner is the first accused. He had applied for release of an amount of Rs.26,000/- and a mobile phone seized from him at the time of his arrest. The learned Magistrate had directed the release of the amount seized, but had rejected the prayer for release of the mobile phone. It was not released on the ground that the same may afford evidence relevant in the case and that if the mobile phone were released, such evidence will be spoiled. 2. The learned Prosecutor was requested to take instructions. The learned Prosecutor submits that it is not necessary now to insist on retention of the mobile phone in the custody of the court. Necessary transcriptions have been made and the Investigating Officer has reported specifically that he has no objection in the mobile phone being released to the petitioner, it is submitted. 3. In the light of the stand taken by the learned Prosecutor after taking specific instructions from the Investigating Officer, I do not Crl.M.C.No. 145 of 2007 2 find any reason to insist on continued retention of the mobile phone in the custody of the court. 4. This Crl.M.C. is accordingly allowed. The mobile phone seized from the petitioner shall be released to him on such terms as may be fixed by the learned Magistrate. (R. BASANT) Judge tm