IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 Crl.MC.No. 2283 of 2009() ------------------------- MP.1751/2009 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI (CRIME NO.1178/2008 OF FORT KOCHI POLICE STATION) PETITIONER(S): ACCUSED -------------------------------- GEORGE JOSEPH @ JOLLY. S/O. JOSEPH, PUNAKKAL VEEDU, XV/1102A, MOOLAMKUZHI KARA, MOOLAMKUZHI BAGOM, RAMESWARAM VILLAGE. BY ADV. SRI.S.SREEKUMAR RESPONDENT(S): COMPLAINANT ------------------------------------ 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. AUGUSTINE, S/O. SEBASTIAN, KOCHERY HOUSE, HOUSE.NO.15/1540, NAZRETH, RAMESWARAM VILLAGE, KOCHI TALUK. BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 19/02/2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 2283 OF 2009 =========================== Dated this the 19th day of February,2010 ORDER As per order in M.P.1631/2009 petitioner, the second accused was granted interim custody of the articles sought for by him. Subsequently petitioner filed M.P.1751/2009 for release of some other articles seized and produced in court, under section 451 of Code of Criminal Procedure. The second respondent one of the other accused also filed M.P.1679/2009 under section 451 of Code of Criminal Procedure for interim custody of some of the articles to him. By Annexure IV order, learned Magistrate directed the petitioner to produce all the items got released by him earlier as per order in I.A.1631/2009, holding that those items are necessary to be produced before the court to decide the claim raised by the second Crl.M.C.2283/2009 2 respondent. This petition is filed under section 482 of the Code of Criminal Procedure to quash the direction to produce the articles in Annexure 4 order. 2. Though notice was served on the second respondent, he did not appear. 3. Learned counsel appearing for the petitioner and the learned Public Prosecutor were heard. 4. The grievance of the petitioner is only against the direction in Annexure 4 order to produce the articles which were earlier released to him. Learned counsel submitted that the articles sought to be released by the second respondent under M.P.1679/2009 and by the petitioner in M.P.1751/2009 are not the same articles which are released to the petitioner earlier and hence there was no necessity to produce those articles as directed. Even if it is taken that the articles sought for in M.P.1751/2009 and 1679/2009 are the Crl.M.C.2283/2009 3 same articles earlier released in M.P.1631/2009, as the learned Magistrate has already released those articles to the petitioner, before finding that the petitioner in M.P.1679/2009 is entitled to those articles, learned Magistrate should not have directed the petitioner to produce the articles in court. Hence Annexure 4 order is quashed. Judicial First Class Magistrate-I, Kochi is directed to consider M.P.1751/2009 and M.P.1679/2009 in accordance with law. Only if it is found that second respondent the petitioner in M.P.1679/2009 is entitled to get interim custody of articles, which include those articles which were earlier released to the petitioner, the Magistrate is to direct the petitioner to produce them. Annexure 4 order is modified accordingly. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006