IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 Crl.MC.No. 3413 of 2009() ------------------------- AGAINST THE ORDER DATED 13/08/2009 IN VC 11/2008/VACB/TSR IN CA.112/2009 of ENQUIRY COMMR. & SPL. JUDGE, THRISSUR .................... PETITIONER(S): ACCUSED: ----------------------- MOHANKUMAR, SUB ENGINEER, K.S.E.B. SECTION OFFICE, CHERPU. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, OFFICE OF THE ADVOCATE GENERAL, HIGH COURT OF KERALA, ERNAKULAM. (DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, THRISSUR). BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 3413 OF 2009 ------------------------------------------ Dated 30th October 2009 O R D E R Petitioner, who is an accused in vigilance case No.11/2008 pending before Special Judge, Vigilance, Thrissur filed Annexure-II copy application for certified copies of production mahazar, recovery mahazar and remand report. It was rejected under Annexure-III order for the reason that an accused is not entitled to get copies of the records as it would result in interference in the investigation. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-III order and to issue direction to the Special court, Thrissur to issue certified copies as sought for. 2. Learned counsel appearing for the petitioner and the learned Public Prosecutor were heard. 3. Learned Public Prosecutor submitted that there is no objection for granting certified copies of the records applied for. Crmc 3413/09 2 4. Certified copies applied for are that of the production mahazar, recovery mahazar and the remand report submitted before the court. They are not part of the case diary. In such circumstances, petitioner is entitled to get certified copies of those records. Petition is allowed. Annexure-III order is quashed. Special Judge, Vigilance, Thrissur is directed to issue certified copies of the documents applied for by the petitioner under Annexure-II application, if they are available with the court. M.SASIDHARAN NAMBIAR, JUDGE. uj.