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Suresh Babu P vs State Of Kerala

High Court Of Kerala|08 December, 2014
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JUDGMENT / ORDER

The petitioner herein is the sole accused in crime No.525/2014 of the Ottapalam Police Station, registered under Sections 3 & 17 of the Kerala Money Lenders Act. On search in his business premises the police seized more than 100 documents including registration certificates of vehicles, blank cheques, blank stamp papers, lap top etc. He filed an application before the Judicial First Class Magistrate Court Ottapalam as Crl.M.P.3276/2014 for getting custody of these documents under Section 451 Cr.P.C. The learned Magistrate dismissed the application on 11.06.2014 on the ground that investigation was at the initial stage at that time. The said order is under challenge in this proceeding brought under Section 482 Cr.P.C. 2. On hearing both sides and on a perusal of the impugned order I find that the documents except blank documents, the possession of which cannot be authorised under any law, can be released to the petitioner after substantial part of investigation is over. The petitioner can very well approach the learned Magistrate at a later stage when major part of investigation is over. After interrogation of all the material witnesses the documents can well be released to the petitioner under Section 451 Cr.P.C.
In the result, this petition is closed with observation that the petitioner can again approach the trial court under Section 451 Cr.P.C. for the documents except the blank documents, when major part of investigation is over.
P.UBAID,JUDGE lmp
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Title

Suresh Babu P vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
08 December, 2014
Judges
  • P Ubaid
Advocates
  • P P Thajudeen Sri Mansoor