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High Court of Kerala
Bhabani Prasad Ray, J.
Unnikrishnan Nair - Appellant
Versus
State of Kerala - Respondent
Crl.M.C. No. 2015 of 2011
Decided On : 04-07-2011
Indian Penal Code, 1860 - Sections 107, 109, 182, 194, 195, 195A and 306 - Code of Criminal Procedure, 1973 - Section 482 - Petition - Accused applied for certified copy of the statement - He was alleged to have been beaten to death by investigation agency - While he was in custody - Held, After having heard the learned counsel for the petitioner and the learned counsel for the State, The Court is of the view that the 164 statement which is part of record cannot be denied - Petition dismissed.
B.P. Ray, J.
1. Heard the learned counsel for the petitioner and the learned counsel for the State.
2. The petitioner is accused No. 38 in Crime No. 111 of 2011 of C.B.C.I.D., Ernakulam for offences punishable under Sections 366A, 376(2)(g), 354 202 and 120-B r/w Section 34 I.P.C. Being aggrieved by the order dated 21.06.2011 refusing to issue certified copy of the statement recorded under Section 164 Cr.P.C in Crime Case No. 346 of 2011 of North Paravur Police Station by the Judicial First Class Magistrate, North Paravur, the petitioner has filed this application. After having heard the learned counsel for the petitioner and the learned counsel for the State, I am of the view that the 164 statement which is part of record cannot be denied to this petitioner. Therefore, I direct the learned Magistrate to issue a certified copy of the statement recorded under Section 164 Cr.P.C in Crime Case No. 346/2011 of North Paravur Police Station within a week from the date of making a fresh application.
This application is disposed of as above.
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