IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 Crl.MC.No. 1968 of 2009() ------------------------- CC.751/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KUNNAMKULAM .................... PETITIONER(S): ACCUSED: ----------------------------------------- 1. PRADEEP KUMAR, S/O.VELAYUDHAN, KANDANKULANGARA HOUSE, PAZHUNNANA, CHAMMANTHITTA, THRISSUR DISTRICT. 2. GIREESH, S/O.MOHANAN, VETTATH HOUSE, PAZHUNNANA, CHAMMANTHITTA, THRISSUR DISTRICT. 3. VIJAYAKUMAR, S/O.BALARAMAN, CHAKKAMADATHIL HOUSE, THONGALLUR, THRISSUR DISTRICT. BY ADV.MR.BABU S. NAIR RESPONDENT(S): STATE: ---------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR MR. B.VINOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.1968 of 2009 -------------------------- ORDER Petitioners are the accused in C.C.No.751/2006 on the file of Judicial First Class Magistrate's Court, Kunnamkulam. 36 gas cylinders seized by the police in Crime No.833/2004 of Kunnamkulam Police Station were produced before Judicial First Class Magistrate's Court, Kunnamkulam. On an application filed by the petitioners under Section 451 of Code of Criminal Procedure, interim custody of the gas cylinders was granted to the first accused. Learned Magistrate directed the petitioners to produce the gas cylinders for identification. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings or to direct the Magistrate not to insist the petitioners to produce the gas cylinders released to them. 2. A report was called for from the Magistrate. The Magistrate reported that after interim custody CRMC 1968/09 2 of the gas cylinders were given and at the evidence stage, Prosecutor submitted that gas cylinders are to be produced for the purpose of identification and as petitioners did not submit that they will not dispute the identity of the gas cylinders, which have been entrusted, they were directed to produce them and if the accused did not dispute the identity of the gas cylinders, he would not have directed to produce the same. If petitioners file an affidavit before the Magistrate undertaking that they will not dispute the identity of the gas cylinders, they shall not be insisted to produce the gas cylinders. Petition is disposed. 16th July, 2009 (M.Sasidharan Nambiar, Judge) tkv