IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 Crl.MC.No. 1718 of 2010 ---------------------------------- (C.M.P. NO. 1222/2010 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, THIRUVANANTHAPURAM) ............ PETITIONERS: --------------------- 1. SUJEEVAN,S/O.REGHUNATHAN,T.C.55/1660, AMPANATTU LANE, NIRAMANKARA, KARAMANA DESOM, THIRUVANANTHAPURAM. 2. MURUKAN,S/O.REGHUNATHAN, T.C.55/1697,COLONY NO.44,AMPANATTU LANE, NIRAMANKARA, KARAMANA DESOM,THIRUVANANTHAPURAM. BY ADVS. SRI.B.SATHIQ, SRI. C. ANIRUDHAN. RESPONDENTS: ------------------------ 1. THE DETECTIVE INSPECTOR, CBCID, ECONOMIC OFFENCE WING,THIRUVANANTHAPURAM. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.1718 of 2010 -------------------------------------- Dated this the 20th day of May , 2010 ORDER The petitioners are the accused 1 and 2 in Crime No.28/2006 of Karamana Police Station and presently pending as Crime No.63/CR/Tvpm/08 of CBCID, Thiruvananthapuram for offences punishable under Section 379 and 406 of the Indian Penal Code. The Detective Inspector, Economic Offence Wing, Thiruvananthapuram, is the officer in-charge of the investigation. He filed C.M.P.No.1222/2010 before the Judicial First Class Magistrate Court, Thiruvananthapuram seeking permission to conduct Polygraph test on the petitioners and their father and one Rajesh Kumar. Even though the application was opposed by the petitioners, the learned Magistrate as per Annexure A2 order dated 5.4.2010 overruled the objection and permitted Polygraph test to be conducted. It is the said order, which is assailed in this petition filed Crl.M.C. No. 1718 of 2010 : 2 : under Section 482. In the light of recent decision of the Apex Court in Smt.Selvi and others Vs. State of Karnataka 2010 (1) KLD 705, the impugned order cannot be sustained and the same is set aside and it is directed that no Polygraph test can be conducted without the consent from the accused or the witnesses. V.RAMKUMAR, JUDGE dmb Crl.M.C. No. 1718 of 2010 : 3 :