Supply of copy of confession statement to accused is permissible.

Petitions under Section 482 of Criminal Procedure Code praying to call for the records connected with Crl.M.P.Nos.1904 and 1901 of 2005 in PRC No.2 of 2005 dated 7.4.2005 and set aside the same and further issue direction to the learned Magistrate to supply the statement recorded from Kadiravan (A6) on 24.11.2004 as part of document under Section 207 of the Code of Criminal Procedure.

Common Order

The petitioner in Crl.O.P.No.9883 of 2005 is the sixth accused and the petitioner in Crl.O.P.No.9885 of 2005 is the fifth accused in PRC No.2 of 2005 on the file of the learned Judicial Magistrate No.I, Kancheepuram.

2. The petitioners along with the other accused have been charged with the major offence of murder.

3. They filed criminal miscellaneous petition Nos.1901 and 1904 of 2005 in PRC No.2 of 2005 praying to furnish a copy of the statement of the accused Kadiravan given before the learned Judicial Magistrate No.I, Kancheepuram on 24.11.2004.

4. Learned Judicial Magistrate No.I, Kancheepuram, having observed that the remand accused Kadiravan made some representation only before the said Magistrate and that the same was not a confession or a statement of an accused as contemplated under Section 164 of the Code of Criminal Procedure, dismissed the application seeking copies of such a statement under Section 207 of the Code of Criminal Procedure and gave liberty to the accused either to peruse the said statement recorded during the course of remanding the accused or get a certified copy thereof, as the same is a public document as defined under Section 74 of the Indian Evidence Act.

5. Learned senior counsel appearing for the petitioners would contend that though the accused Kadiravan allegedly gave statement under Section 164 of the Code of Criminal Procedure on 19.11.2004, his statement for the second occasion was admittedly recorded by the learned Judicial Magistrate No.I, Kancheepuram on 24.11.2004. Though the learned Judicial Magistrate No.I, Kancheepuram furnished a copy of the statement of Kadiravan recorded under Section 164 of the Code of Criminal Procedure on 19.11.2004, the statement given by the said accused for the second time before the learned Judicial Magistrate No.I, Kancheepuram was not furnished. The petitioners are entitled to have a copy of such a statement, which has been recorded under Section 164 of the Code of Criminal Procedure, even if the prosecution does not rely upon such a document during the course of trial.

6. The learned Special Public Prosecutor appearing for the respondent/State would submit that the order passed by the learned Judicial Magistrate No.I, Kancheepuram would reflect that it was not a confession or a statement recorded by the learned Judicial Magistrate No.I, Kancheepuram for the second time from the accused Kadiravan, but it was only a record of representation made by the accused Kadiravan during the course of extension of remand of the accused and that therefore such a representation recorded by the learned Judicial Magistrate No.I, Kancheepuram need not be given to the accused under Section 207 of the Code of Criminal Procedure.

7. It is relevant to incorporate the following provisions of the Code of Criminal Procedure for the purpose of easy reference and disposal of these matters:-

"Section 207. Supply to the accused of copy of police report and other documents.--- In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following:-

(i) ... ... ... ...

(ii) ... ... ... ...

(iii) ... ... ... ...

(iv) the confessions and statements, if any, recorded under Section 164;"

"Section 208. Supply of copies of statements and documents to accused in other cases triable by Court of Sessions.---Where, in a case instituted otherwise than on a police report, it appears to the Magistrate issuing process under Section 204 that the offence is triable exclusively by the Court of Session,