Shithin Shaji vs State Of Kerala
2024 Latest Caselaw 9348 Ker

Kerala High Court

Shithin Shaji vs State Of Kerala on 3 April, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
                        OP(CRL.) NO. 219 OF 2024
        CRIME NO.145/2023 OF Mala Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.145 OF 2023 OF SPECIAL
COURT FOR SC/ST ATROCITIES ACT CASES, THRISSUR
PETITIONER/ACCUSED:

            SHITHIN SHAJI
            AGED 35 YEARS
            S/O SHAJI, VELIYATH HOUSE, NORTH ADUVASSERY KARA,
            KUNNUKARA VILLAGE, KUNNUKARA POST, ERNAKULAM DISTRICT,
            PIN - 683578
            BY ADVS.
            ANOOP KRISHNA
            V.A.PRADEEP KUMAR
            JENNY THANKAM


RESPONDENT:

            STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
            PIN - 682031
OTHER PRESENT:

            SMT. SREEJA V. (PP)


     THIS     OP   (CRIMINAL)   HAVING      COME   UP   FOR   ADMISSION   ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(CRL.) NO. 219 OF 2024
                                    2

                  BECHU KURIAN THOMAS, J.
                  -----------------------------------------
                     O.P.(Crl) No. 219 of 2024
                  ----------------------------------------
               Dated this the 3rd day of April, 2024


                             JUDGMENT

Petitioner seeks for a direction for considering Ext.P3

application dated 08-02-2024. The aforesaid application is stated to

be a claim petition filed under Section 451 of Cr.P.C. seeking

custody of a mobile phone.

2. The learned Public Prosecutor upon instructions submitted

that petitioner's mobile phone was seized on 22-09-2023 and was

subsequently forwarded to the Regional Forensic Science

Laboratory, Thrissur for analysis, and the same has not yet been

returned.

3. In view of the above, reserving the liberty of the petitioner

to move the trial Court for custody of the mobile phone in

accordance with the law, as and when the same is returned after

analysis, this original petition is disposed of.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM OP(CRL.) NO. 219 OF 2024

APPENDIX OF OP(CRL.) 219/2024

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE FIR IN CRI NO 145/2023 ON THE FILE OF THE MALA POLICE STATION DATED 09.02.2023 Exhibit P2 TRUE COPY OF THE RECEIPT OF THE MOBILE PURCHASED ON 13.09.2023 Exhibit P3 THE TRUE COPY OF THE CLAIM PETITION FILED UNDER SECTION 452 OF CRPC DATED 08.02.2024 TRUE COPY