Salim E.S vs The Deputy Superintendent Of ...
2021 Latest Caselaw 2246 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

   WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942

                       WP(C).No.2598 OF 2020(Y)


PETITIONER:

               SALIM E.S.
               AGED 55 YEARS
               S/O.SYED MOHAMMED RAWTHER, SURUMI MANZIL, ETTUMANOOR
               P.O., KOTTAYAM DISTRICT.

               BY ADVS.
               SRI.S.SANAL KUMAR
               SMT.BHAVANA VELAYUDHAN
               SMT.T.J.SEEMA

RESPONDENTS:

      1        THE DEPUTY SUPERINTENDENT OF POLICE,
               ETTUMANOOR, KOTTAYAM DISTRICT-686631.

      2        THE SUB INSPECTOR OF POLICE,
               ETTUMANOOR POLICE STATION, KOTTAYAM DISTRICT-686631.

      3        AJITH GEORGE,
               S/O.GEORGE, THAZHATHIL HOUSE, KOLENCHERRY P.O.,
               MUVATTUPUZHA, ERNAKULAM DISTRICT-682311.

      4        HARISH SYED T.S,
               S/O.SYED MOHAMED RAWTHER, THOPPIL HOUSE, ETTUMANOOR
               P.O., KOTTAYAM DISTRICT-686631.

               R4 BY ADV. SRI.G.PRIYADARSAN THAMPI



               PP T.R.RENJITH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Wpc 2598/2020                        2


                                   V.G.ARUN, J.

                ===========================
                         WP(C)No.2598 of 2020
                ===========================
                  Dated this the 20th day of January, 2021

                                JUDGMENT

Petitioner is the landlord of a building, the rooms of which were

let out to the accused in Crime No.848 of 2019 of Ettumanoor Police

Station. The crime is registered for the offences punishable under

Sections 406, 420, 506 r/w 34 of IPC. The keys of the rooms

occupied by the accused were seized and rooms sealed by the

Investigating Officer. The petitioner is aggrieved by the fact that in

spite of the requisite documents and other materials having been

seized from the rooms, the keys of the room are not returned to the

petitioner.

2. Learned Government Pleader, on instructions, submits that

keys have been submitted before the Judicial First Class Magistrate -I,

Ettumanoor and the Investigating Officer has no objection in the

petitioner obtaining the keys by making an appropriate application

before the jurisdictional court.

3. The writ petition is hence disposed of permitting the

petitioner to make an appropriate application before the Judicial First

Class Magistrate -I, Ettumanoor seeking release of the keys produced

in Crime No.848 of 2019 of Ettumanoor Police Station. If such an

application is made, with advance notice to the Public Prosecutor, the

learned Magistrate shall pass appropriate orders thereon, as

expeditiously as possible, and at any rate, within ten days from the

date of submission of the application.

Sd/-

V.G.ARUN JUDGE lgk

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE SALE DEED NO.1007/2015 DATED 25.04.2015 EXECUTED IN FAVOUR OF THE PETITIONER AND 2 OTHERS.

EXHIBIT P2 A TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 02.05.2018 IN RESPECT OF BUILDING NO.21/811 REMITTED BY THE PETITIONER.

EXHIBIT P2(A) A TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 02.05.2018 IN RESPECT OF BUILDING NO.21/812 REMITTED BY THE PETITIONER.

EXHIBIT P2(B) A TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 02.05.2018 IN RESPECT OF BUILDING NO.21/813 REMITTED BY THE PETITIONER.

EXHIBIT P3 A TRUE COPY OF THE LEASE AGREEMENT DATED 23.10.2017 BETWEEN THE PETITIONER AND THE RESPONDENTS 3 & 4.

EXHIBIT P4 A TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.848/2019 REGISTERED BY THE ETTUMANOOR POLICE STATION.

EXHIBIT P5 TRUE COPY OF THE DOCUMENT EXECUTED BY THE 3RD RESPONDENT DATED 14.11.2019.