Kerala High Court
Rajan vs State Of Kerala on 15 February, 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
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
CRL.MC NO. 917 OF 2024
CRIME NO.546/2020 OF MEENAKSHIPURAM POLICE STATION, PALAKKAD
AGAINST THE ORDER/JUDGMENT MC 307/2023 OF SUB DIVISIONAL
MAGISTRATE,PALAKKAD
PETITIONER/PETITIONER:
RAJAN,AGED 65 YEARS
S/O.ARU, KUTTIKKALCHALLA,
PATTANCHERY,CHITTUR,
PALAKKAD, PIN - 678 523
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/RESPONDENT & COMPLAINANT :
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682 031.
SRI.T.R.RANJITH, PP
SRI.JOHNSON VARIKAPALLIL,
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 917 OF 2024
2
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.917 of 2024
...................................................
Dated this the 15th day of February, 2024
ORDER
Petitioner's application for release of various articles that were
seized as part of the enquiry in crime No.546/2020 of
Meenakshipuram Police Station, registered under Section 174 of
Cr.P.C., was partly allowed, against which this petition under
Section 482 of Cr.P.C. has been preferred.
2. Petitioner's son had suffered an unnatural death on 30.11.2020.
The investigation revealed that petitioner's son committed suicide
by shooting himself. Various materials were seized, including a
catridge, catridge case, Samsung Mobile Phone, Casquit Watch, a
gun, and an air gun. The learned Sub Divisional Magistrate,
Palakkad, by the impugned order dated 20.12.2023, directed the
mobile phone, watch, and air gun to be released to the petitioner
on condition. However, the gun, catridge, catridge case, and
Samsung Mobile Phone,were not released to the petitioner.
3. I have heard Sri.V.A.Johnson, the learned counsel for the
CRL.MC NO. 917 OF 2024
petitioner, as well as Sri.T.R.Ranjith, the learned Public
Prosecutor.
4. The learned Public Prosecutor, submitted that further action has
been dropped as per R.C.No.1546/2020.
5. Since further action has already been dropped, no purpose would
be achieved by retaining the materials belonging to the petitioner
with the police. As long as the petitioner is the owner of the
gun, and is entitled to keep possession of the same, it is required
to be given in possession to him. Since catridge and catridge case
have also been recovered from the petitioner's house, it is
essential that the same also be returned to him.
6. Therefore, there will be a direction to the Investigating Officer in
Crime No.546/2020 of Meenakshipuram Police Station, to return
the catridge and catridge case to the petitioner. As far as the gun
is concerned, the same shall be returned to the petitioner,
provided he produces a valid licence for possessing the same.
In view of the above, this Crl.M.C.is allowed.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/15/02/2024
CRL.MC NO. 917 OF 2024
PETITIONER ANNEXURES
ANNEXURE 1 FREE COPY OF THE ORDER DATED 20.12.2023
IN M.C.NO.307/2023 PASSED BY THE COURT OF
SUB DIVISIONAL MAGISTRATE, PALAKKAD.
TRUE COPY
