IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 Crl.MC.No. 2015 of 2011() ------------------------------ CRIME NO. 111/2011 of C.B.C.I.D., ERNAKULAM PETITIONER/ACCUSED NO.38:- ---------------------------------- UNNIKRISHNAN NAIR, UMA VIHAR, KURAKANNI, VARKALA P.O., TRIVANDRUM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT/STATE:- -------------------------- THE STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, C.B.C.I.D., ERNAKULAM-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,KOCHI-31. ADV. SRI. VENUGOPAL M.R., PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 2015 of 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A: TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE J.F.C.M., NORTH PARAVUR DATED 21.06.2011 AND THE ENDORSEMENT THEREIN OF THE LEARNED MAGISTRATE. ANNEXURE B: TRUE ENGLISH TRANSLATION OF ANNEXURE A. RESPONDENT'S ANNEXURES: NIL //True Copy// P.A to Judge. B.P. RAY, J. ----------------------------------------------- Crl.M.C. No. 2015 of 2011 ------------------------------------------------ Dated this the 4th day of July, 2011. ORDER Heard the learned counsel for the petitioner and the learned counsel for the State. 2. The petitioner is accused No. 38 in Crime No. 111 of 2011 of C.B.C.I.D., Ernakulam for offences punishable under Sections 366A, 376(2)(g), 354 202 and 120-B r/w Section 34 I.P.C. Being aggrieved by the order dated 21.06.2011 refusing to issue certified copy of the statement recorded under Section 164 Cr.P.C in Crime Case No. 346 of 2011 of North Paravur Police Station by the Judicial First Class Magistrate, North Paravur, the petitioner has filed this application. After having heard the learned counsel for the petitioner and the learned counsel for the State, I am of the view that the 164 statement which is part of record cannot be denied to this petitioner. Therefore, I direct the learned Magistrate to issue a certified copy of the statement recorded under Section 164 Cr.P.C in Crime Case No. 346/2011 of North Paravur Police Station within a week from the date of making a fresh application. This application is disposed of as above. sd/- B.P. RAY, JUDGE. rv