IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3413 of 2009()
1. MOHANKUMAR, SUB ENGINEER, K.S.E.B.
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.PIRAPPANCODE V.S.SUDHIR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :30/10/2009
O R D E R
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.