Sunny Chacko v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 6TH DAY OF MARCH 2015/15TH PHALGUNA, 1936 Crl.MC.No. 1107 of 2015 () --------------------------- IN CMP 5499/2014 of J.M.F.C.,ERATTUPETTA CRIME NO. 799/2014 OF ERATTUPETTAH POLICE STATION , KOTTAYAM PETITIONER(S)/2ND ACCUSED:

-------------------------------------------------- SUNNY CHACKO AGED 45 YEARS S/O.CHACKO, CHONAKARAYIL HOUSE, KUNNOM KARA POONJAR THEKKEKKARA VILLAGE, MEENACHIL TALUK BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) RESPONDENT(S):

----------------------------

1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031.

2. SUB INSPECTOR OF POLICE, ERATTUPETTA - 686 122.

R BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE. P THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 1107 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNX A1- CERTIFIED COPY OF ORDER IN C.M.P 5499/14 IN CRIME NO. 799/14 OF ERATTUPETTA POLICE STATION (C.C.767/14) DATED 6.1.15 RESPONDENT(S)' EXHIBITS --------------------------------------- /TRUE COPY/ PA TO JUDGE sab

P.UBAID, J.

------------------------- Crl. M.C No. 1107 of 2015 --------------------------------------- Dated this the 6th day of March, 2015.

O R D E R

The petitioner herein is the accused No.2 in Crime No.791/14 of the Erattupetta police Station registered under Section 420 IPC, Section 17 of the Kerala Money Lenders Act, and Section 9(2) of the Kerala prohibition of charging Exorbitant Interest Act 2012. During investigation the police seized two documents; one relating to the second accused and the other relating to the fourth accused. The two documents are registered sale deeds. The petitioner made an application before the learned Judicial First Class Magistrate, Eerattupetta for interim custody of the said document under Section 451 Cr.P.C. The learned Magistrate dismissed the said application, C.M.P No.5499/14, on 6.1.2015 on the ground that the petitioner will tamper with the document, if it is released. The said order is under challenge, and it is sought to be set aside. On hearing both sides and on a perusal of the impugned order I find that the document can be released to the petitioner on appropriate reasonable conditions. The document sought by the petitioner under Section 451 Cr.P.C is a registered sale

Crl. M.C No. 1107 of 2015 deed. There is question of tampering or making additional entries in the document, when it is a registered sale deed. For the purpose of trial, or for proving the transaction, a certified copy of the document will suffice. On the petitioner producing a certified copy to substitute, the original document can be released to him on appropriate reasonable conditions.

In the result, this petition is allowed. The impugned order is hereby set aside and the court below is directed to release the document to the petitioner on appropriate reasonable conditions, on production of a certified copy of the document in court.

P.UBAID, JUDGE sab