Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE K. BABU MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945 CRL.MC NO. 2912 OF 2023 AGAINST THE ORDER CRMP 304/2023 ON THE FILE OF COURT OF ENQUIRY COMMISSIONER & SPECIAL JUDGE (VIGILANCE), THRISSUR DATED 21.02.2023 PETITIONER/ACCUSED NO.1: HARIS HAMZA V, AGED 43 YEARS S/O HAMZA V.P, VALIYAKATH PERUMVEETTIL HOUSE, VENKITANGU P.O, VENKITANGU VILLAGE, THRISSUR DISTRICT, PIN - 680510 BY ADVS. ARUN ASHOK NEENA JAMES AMAL ABDUL MAJEED K.A. RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 REKHA-SR PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K. BABU, J.
--------------------------------------------------- Crl.M.C.No. 2912 of 2023 ---------------------------------------------------- Dated this the 25th day of September, 2023
ORDER
Challenge in this Crl.M.C. is to the order dated 21.02.2023 in Crl.M.P.No.304/2023. The petitioner is
accused No.1 in the Crime. He is alleged to have committed offences punishable under Sections 7A & 7(a) of The Prevention of Corruption Act, 1988 and Section 120(B) r/w 34 of the Indian Penal Code, 1860. The mobile phone used by the petitioner was seized by the Investigating Agency and sent to Forensic Science Lab for examination.
2. The petitioner filed an application seeking interim custody of the mobile phone under Section 451 of the Cr.P.C. The court below rejected the application on the ground that the prosecution wants to collect the contents of the mobile phone to collect evidence regarding the involvement of the petitioner and the other accused. The learned counsel for the petitioner submits that the petitioner is innocent and he requires the mobile phone for his daily use.
3. The learned Public Prosecutor submits that the mobile phones contain vital data and the same have to be retrieved to bring out the conspiracy aspects.
4. The prosecution case is that on 06.01.2023 at 16.45 hours, bribe money was handed over to the
petitioner by the complainant and he was arrested. During the verification of the transactions done by accused No.2 through Google Pay App it was revealed that the petitioner had money transactions through Google Pay App installed in the mobile phone. According to the prosecution, the transactions were done as a reward to accused No.2 from the petitioner in connection with public duties done by accused No.2 and so the two
mobile phones used by the petitioner were seized. The Investigating Agency on further examination found that there were Whats App Chats and voice messages and also exchange of bribe money for the preparation of sketches and other documents related to the alleged transactions. The learned public prosecutor submitted that the mobile phones have been forwarded to the Forensic Science Lab for examination. So the petitioner is not entitled to the interim custody of the same for the time being.
Having considered the rival submissions, I am of the view that the petitioner is not entitled to the reliefs prayed for. Hence the Crl.M.C lacks merits and stands dismissed. sd/- rps/ K. BABU, JUDGE APPENDIX OF CRL.MC 2912/2023 PETITIONER ANNEXURES Annexure-I A TRUE COPY OF THE FIR IN V.C 01/2023/TSR OF VIGILANCE AND ANTI CORRUPTION BUREAU, THRISSUR DATED 04-01-2023 Annexure-II A TRUE COPY OF THE REMAND REPORT FILED BY THE VIGILANCE AND ANTI CORRUPTION BUREAU, THRISSUR DATED NIL Annexure-III A TRUE COPY OF APPLICATION VIDE CRL.M.P
NO. 304 OF 2023 ON THE FILE OF THE COURT OF ENQUIRY COMMISSIONER & SPECIAL JUDGE (VIGILANCE), THRISSUR DATED 09-02-2023 Annexure-IV A TRUE COPY OF THE REPORT FILED BY THE VIGILANCE AND ANTI CORRUPTION BUREAU, THRISSUR DATED NIL Annexure-V A CERTIFIED COPY OF ORDER IN CRL.M.P NO. 304 OF 2023 ON THE FILE OF THE COURT OF ENQUIRY COMMISSIONER & SPECIAL JUDGE (VIGILANCE), THRISSUR DATED 21-02-2023