IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 Crl.MC.No. 4829 of 2008() --------------------------------------- C.M.P.NO.3172/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I, ERNAKULAM. ......... (CRIME NO.549/2008 OF HARBOUR POLICE STATION, KOCHI) PETITIONER(S): PETITIONER: ---------------------------------------------- SHANAVAS.K.S., KURIAPILLY HOUSE, CHALAKKUDY PO., THRISSUR DISTRICT. BY ADV. SRI.M.B.PRAJITH RESPONDENT(S): RESPONDENTS: --------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, HARBOR POLICE STATION, (CR.NO.549/2008) KOCHI. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J. ---------------------- Crl.M.C.No.4829 of 2008 ---------------------------------------- Dated this the 18th day of December 2008 O R D E R The petitioner is the brother-in-law of the accused in crime No.549/08 of Harbour police station, Kochi. A computer belonging to the petitioner was seized by the police in connection with the investigation of that crime. The petitioner applied for release of the computer; but the said prayer was rejected vide Annexure AIII order. The petitioner claims to be aggrieved by that order. He prays that the computer may be directed to be returned to the petitioner. 2. The learned Public Prosecutor, after taking instructions, submits that the experts have already examined the computer; but nothing incriminating has been revealed from such examination of the computer. In these circumstances, the State has no objection against the proposed release of the computer along with its components to the petitioner herein. Crl.M.C.No.4829/08 2 3. In the result, a) This Crl.M.C is allowed. b) The impugned order is set aside. c) The learned Magistrate shall release the computer along with all the components to the petitioner on condition that he executes a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (R.BASANT, JUDGE) jsr Crl.M.C.No.4829/08 3 Crl.M.C.No.4829/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008