IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 Crl.MC.No. 141 of 2009() ------------------------ CMP.9136/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, NEDUMANGAD .................... PETITIONER(S): ACCUSED ---------------------- NAJEEB, S/O.NASSIR KANNU, NOOR MAHAL, CHEKKAKONAM MURI, KARAKULAM VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.J.JAYAKUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 141 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of January, 2009 O R D E R The petitioner faces allegations in a crime registered alleging the offence punishable under Section 498A I.P.C. Inter alia, it is alleged that the petitioner had taken nude photograph of his wife in compromising position in his digital camera and has sent the photograph through his mobile phone to others. This is one of the various acts of cruelty alleged against the petitioner. The mobile phone and digital camera were seized by the Investigating Officer during the course of investigation. The petitioner applied for release of those articles. The application was dismissed by the learned Magistrate by the impugned order on the ground that examination of the mobile phone and digital camera by expert is necessary for a proper investigation of the case. 2. When this petition was filed, the learned Prosecutor was directed to take instructions. The learned Prosecutor submits that Crl.M.C.No. 141 of 2009 2 on 23.1.2009 the mobile phone and digital camera were sent to the expert for examination. Those articles cannot, in these circumstances, be returned to the petitioner now. It can be observed that after examination by expert when the articles are returned to the court, the petitioner can apply for release of those articles again before the learned Magistrate. 3. This Crl.M.C. is, in these circumstances, dismissed, but with the above specific observations. (R. BASANT) Judge tm