High Court Kerala High Court

Shanavas.K.S. vs State Of Kerala on 18 December, 2008

Kerala High Court
Shanavas.K.S. vs State Of Kerala on 18 December, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4829 of 2008()


1. SHANAVAS.K.S., KURIAPILLY HOUSE,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY PUBLIC
                       ...       Respondent

2. STATION HOUSE OFFICER

                For Petitioner  :SRI.M.B.PRAJITH

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :18/12/2008

 O R D E R
                          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