IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 Crl.MC.No. 429 of 2010() ------------------------------------- (AGAINST THE ORDER DATED 18/01/2010 IN CRL.M.P.NO.70/2010 IN CRL.M.P.NO.8430/09 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVALLA) ............. PETITIONER(S): ACCUSED: ----------------------------------------- BIJU.V. MATHEW, S/O. MATHAI VARGHESE, AGED 38 YEARS, VADAKKATHARA VEEDU, PULLADA.P.O., KOIPURAM VILLAGE. BY ADV. MR.BIJU ABRAHAM RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------------------------------------- 1. PROF. ABRAHAM.T.LEATHARE, CHIEF EDITOR KERALA BUSHANAM, KADAVIL TOWERS, MUTHOOR.P.O., THIRUVALLA. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY ADV. MR.JOSEPH GEORGE R2 BY PUBLIC PROSECUTOR MR. K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 23/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.429 OF 2010 ------------------------------------------ Dated 23rd February 2010 O R D E R Judicial First Class Magistrate, Thiruvalla as per Annexure-A1 order in CrL.M.P.70/2010 in Crl.M.P.8430/2009 directed Sub Inspector of Police, Thiruvalla to take custody of items mentioned in the petition filed by first respondent, from the possession of the petitioner allegedly kept unauthorisedly by him and to produce them before the court after preparing a mahazar. Petition is filed under Section 482 of Code of Criminal Procedure contending that Annexure-A1 order was passed without notice to the petitioner and petitioner still continued to be Bureau Chief of Kerala Bhushanam and petitioner Crmc 429/10 2 had approached the Labour Commissioner for arrears of salary and allowances and it is at that stage the petition was filed before the learned Magistrate alleging that petitioner ceased to be an employee. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned counsel appearing for the petitioner submitted that though articles sought to be searched and produced before the learned Magistrate belong to the first respondent, they are in the possession of the petitioner in his capacity as Bureau Chief and as he continue to be in service, he is entitled to be in possession of the same. Learned counsel also asserted that till this Crmc 429/10 3 day, service of the petitioner with first respondent was not terminated in writing and intimated to the petitioner. 4. Learned counsel appearing for the first respondent pointed out that entire amount due to the petitioner was paid and a receipt was issued by the petitioner on 6/10/2009 recording full and final settlement of the account with Kerala Bhushanam and in such circumstances, petitioner is not entitled to keep the articles with him. Learned counsel also pointed out that in the objection filed before the learned Magistrate petitioner had undertaken to produce the articles before the learned Magistrate. 5. When the learned counsel appearing for the petitioner was asked in the Crmc 429/10 4 light of the undertaking in Annexure-A8 objection filed before the learned Magistrate, how the petitioner could retain the articles, learned counsel submitted that petitioner is prepared to produce the articles before the learned Magistrate. If the petitioner is prepared to produce the articles I do not find that it necessary to conduct a search or seize them as directed by the Magistrate in Annexure-A1 order. Petition is disposed directing the petitioner to produce the articles sought by the first respondent in Crl.M.P.70/2010 on or before 27/2/2010, before Judicial First Class Magistrate, Thiruvalla. Annexure-A1 order shall be kept in abeyance till that day. If the petitioner fails to comply with the said Crmc 429/10 5 direction as directed in Annexure-A1 order, Sub Inspector to seize and produce the articles. M.SASIDHARAN NAMBIAR, JUDGE. uj.