IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 Crl.MC.No. 3871 of 2009() ------------------------- MP.4920/2009 of JUDL.MAGISTRATE OF FIRST CLASS, PERUMBAVOOR .................... (CRIME NO.780 OF 2009 OF KURUPPUMPADY POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- REJI KURIAN, AGED 34, S/O.KURIAN, THURUTHIYIL VEEDU, ALLAPRA KARA, VENGOLA. PERUMBAVOOR. BY ADVS. MR.B.RAMAN PILLAI, MR.R.ANIL, MR.ANIL K.MOHAMMED, MR.SUJESH MENON V.B., MR.JOSEPH P.ALEX, MR.SHYAM ARAVIND, MR.T.ANIL KUMAR. RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY DIRECTOR GENERAL OF PROSECUTION MR. V.G.GOVINDAN NAIR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.3871 OF 2009 ------------------------------------------ Dated 15th January 2010 O R D E R Petitioner filed M.P.4920/2009 in crime 780/2009 of Kuruppumpady police station before Judicial First Class Magistrate, Perumbavoor, for interim custody of three bunches of keys seized by the police on the allegation that petitioner has committed offence under Section 5 of Explosive Substance Act. By Annexure-M order dated 22/11/2009 the petition was dismissed. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-M order and to get interim custody. 2. Learned Senior counsel appearing for the petitioner and learned Director Crmc 3871/09 2 General of Prosecution were heard. 3. Learned Senior counsel submitted that interim custody of three bunches of keys were sought, when petitioner was having license but subsequently the license was revoked and hence relief is restricted to interim custody of key of room No.II/781, Thuruthi, Rayamangalam Panchayath alone where petitioner had stored Ammonium Nitrate for which no license was required under Explosive Substance Act and when the building was obtained on rent by the petitioner and is liable to pay rent and will also be liable for damages, if any caused to the building, the building is to be released to him. It is submitted that even if there is any offending article is there, it could be removed by the police Crmc 3871/09 3 for proper custody to the magazine, which is also seized in the case. 4. Learned Director General of Prosecution submitted that Door No.II/781 could be released to the petitioner. But if there is any offending article or any other material which is necessary for the purpose of investigation, that is to be removed to a safer place and after preparing a mahazar the key of the room could be released to the petitioner. Petition is therefore, disposed directing the investigating officer to hand over the key of room No.II/781, Thuruthi, Rayamangalam Panchayath, to the petitioner after removing the offending articles if any or materials necessary for the purpose of investigation if any in the room, after Crmc 3871/09 4 preparing a mahazar in the presence of the petitioner to the petitioner. If the key of the room was produced before the Magistrate, petitioner is entitled to get it released from the court on the same conditions. M.SASIDHARAN NAMBIAR, JUDGE. uj.