Joseph John vs State Of Kerala

Dr Kauser Edappagath, J

This Criminal Revision Petition has been filed challenging the order passed by the Judicial First Class Magistrate Court-III, Kollam in C.M.P.No.111/2021.

The petitioner is the accused. The offences alleged against him are punishable under Sections 341, 294(b), 323, 324 and 326 of IPC. The prosecution case, in short, is that on 15.1.2021 at about 10.45 am, at the premises of the Mediation Centre, Kollam, the petitioner, who is the father-in-law of the defacto complainant, by uttering obscene words, assaulted on the head and hands of the defacto complainant and also hit on her nose using a mobile phone, thereby committing the offences.

During investigation, the mobile phone was seized and it is now kept in the court. The petitioner filed an application under Section 451 of Cr.P.C as C.M.P No.111/2021 to release the mobile phone. The said application was dismissed by the court below as per the impugned order. Challenging the same, this revision petition has been filed.

I have heard Smt. Sreekutty K., the learned counsel for the petitioner and Smt. T.V. Neema, the learned Senior Public Prosecutor.

The application for releasing the mobile phone has been dismissed by the court below on the ground that, if it is released to the accused, there is possibility for destroying the same and it may eventually vitiate the trial.

The prosecution case is that the mobile phone was used by the accused for assaulting the defacto complainant. If the mobile phone is kept idle without use, definitely it will become useless after a particular time. According to the petitioner, much of his personal data are stored in the mobile phone. The apprehension of the prosecution that the petitioner may destroy the mobile phone can be safeguarded by directing the petitioner not to dispose of the mobile phone till the culmination of the trial. Hence, I am of the view that the mobile phone can be released to the petitioner on conditions.

In the result, this Crl.R.P is allowed. The impugned order is set aside. The mobile phone shall be released to the petitioner on the following conditions:

I. The petitioner shall execute a bond for ₹25,000/- with two solvent sureties for the like sum each to the satisfaction of the court below.

II. The  petitioner  shall  not  tamper,  destroy,  transfer  or otherwise dispossess the mobile phone till the culmination of the trial.

III. The petitioner shall produce the mobile phone as and when directed.