IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 Crl.Rev.Pet.No. 2322 of 2009() ------------------------------ CMP.187/2009 in Cr.No.25 of 2008 OF CHANGANASSERY POLICE STATION of JUDL. MAGISTRATE OF FIRST CLASS, CHANGANACHERRY .................... REVN. PETITIONERS/PETITIONERS: -------------------------------- 1. VIPINKUMAR, S/O. DIVAKARAN NAIR, PANATHANATHUKALLITTUKUZHIL HOUSE, CHERUVALLY, KANJIRAPPALLY. 2. VIJAYAN, POOVATHOLIL KAROTTU HOUSE, T.V.PURAM P.O., VAZHOOR, CHANGANACHERRY. BY ADV. SRI.S.ANANTHAKRISHNAN SRI.N.K.SUBRAMANIAN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. C.I. OF POLICE, CHANGANACHERRY. PUBLIC PROSECUTOR : SRI JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J ---------------------------------------- Crl.R.P.No.2322 of 2009 --------------------------------------- Dated this 06th day of August 2009 ORDER This revision is in challenge of order dated 13-06-2009 on C.M.P.No.187 of 2009 of the court of learned Judicial Magistrate of First Class-1, Changanacherry in crime No.25 of 2008 of Changanacherry Police Station. Petitioners are accused of offences punishable under sections 406,409,420 and section 120B r/w Sec.34 of the Penal Code (for short, “the Code”) and section 2(c) and 4 of Prize Chits Act. In the course of investigation of that case certain records relevant for investigation were seized from the rooms occupied by petitioners. The keys of the rooms were taken in custody by the police. After investigation police submitted final report for offences as above stated. While so petitioners moved the court below for an order to direct the police to hand over the keys of the rooms to them since according to them they had taken those rooms on rent, they are not able to use the rooms, their personal records are kept in this rooms and that they are required to pay huge amount by way of rent for these rooms. Learned magistrate dismissed the petition. 2. I have head learned counsel for petitioners and the learned public prosecutor. Learned public prosecutor has taken instruction from the officer who investigated the case. Learned public prosecutor has submitted that since the investigation of the case is complete Crl.R.No.2322 of 2006 2 police has no objection in handing over the rooms to the petitioners. The investigating officer has expressed willingness to return the keys to the petitioner. The submission made by learned public prosecutor is recorded. In view of the above submission, it is not necessary to keep the petitioners out of the rooms. Resultantly this petition is allowed. The order under challenge is set aside and C.M.P.No.187 of 2009 will stand allowed. Investigating officer shall hand over the keys to the petitioners on proper acknowledgment on production of a copy of this order. It is made clear that this order will not affect the right of the police to seize or retain such of the records as they think are necessary for the conduct of the case or which the police are entitled to seize/retain otherwise as per the law. THOMAS P JOSEPH, JUDGE Sbna/