IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU MONDAY, THE 1^ST DAY OF APRIL 2024 / 12TH CHAITHRA, 1946 CRL.MC NO. 2382 OF 2024 CRIME NO.01/2023/PTA/2023 OF VACB, THIRUVANANTHAPURAM, Thiruvananthapuram AGAINST THE ORDER/JUDGMENT DATED 20.06.2023 IN CRMP NO.951 OF 2023 IN V.C No.1/2023/PTA OF ENQUIRY COMMISSIONER & SPECIAL JUDGE, THIRUVANANTHAPURAM PETITIONER/PETITIONER:

NARAYANAN STALIN, AGED 52 YEARS, S/O.STALIN, VJRA-5, TC.9/809, JAWAHAR NAGAR, THIRUVANANTHAPURAM, PIN - 695003 BY ADVS.

LINDONS C.DAVIS E.U.DHANYA N.S.SHAMILA CHINJU P. JOYIES RESPONDENT/STATE:

STATE OF KERALA, REPRESENTED PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN – 682031 BY ADV SMT.REKHA, SR.PUBLIC PROSECUTOR SR.RAJESH.A, SPECIAL GOVERNMENT PLEADER (VIGILANCE)

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

01.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

K.BABU, J.

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Crl.M.C No.2382 of 2024 ---------------------------------------

Dated this the 1^st day of April, 2024 O R D E R The challenge in this Criminal M.C is to the order dated

20.06.2023 in Crl.MP No.951/2023 in V.C No.1/2023/PTA on the file of the Court of the Enquiry Commissioner and Special Judge, Thiruvananthapuram.

2. The petitioner is the sole accused in VC No.1/2023/PTA. He is alleged to have committed the offences punishable under Section

7 of the Prevention of Corruption Act.

3. The Investigating agency seized the following materials from the possession of the petitioner:

1. Mobile Phones.

2. Pan Card.

3. Driving license.

4. Blue coloured purse. 5. Four SBI debit cards.

6. Credit Card of Punjab National Bank.

7. ID card of Government of Kerala.

8. Passport.

4. The petitioner filed an application under Section 451 Cr.PC seeking interim custody of the articles seized from his possession. The Trial Court partly allowed the application. The relevant portion of the order is extracted below:

“7. The mobile phones produced in this case have been sent for forensic examination. The prosecution contends that these mobile phones contain material data which can be used at the time of trial. Therefore the mobile phones also cannot be released.

In the result, other items such as Pan Card, Aadhar Card, Driving license, blue coloured purse, four SBI debit cards, Credit card of Punjab National Bank and ID card of Government of Kerala, are ordered to be released to the petitioner on execution of a bond for Rs.50,000/- with two solvent sureties undertaking to produce these items whenever ordered by the court.”

5. Heard both sides.

6. The learned counsel for the petitioner submitted that the mobile phones in the custody of the Court contain important data and therefore he seeks release of the same.

7. The learned Special Government Pleader (Vigilance)

submitted that the two mobile phones (i) Samsung S23 with IMEI 1 as 353835880438686 and IMEI 2 as 353901650438684 and (ii)

Samsung S22 Ultra with IMEI 1 as 357187980968170 and IMEI 2 as 358492840968173 were sent for examination to the FSL. The learned Special Government Pleader submitted that Investigating agency has no objection in releasing the Samsung S23 mobile phone. It is further submitted that the files pertaining to Samsung S22 mobile phone have been sent for forensic examination which is yet to be completed and therefore the same cannot be released to the petitioner. It is also submitted that the mobile phone is to be tendered in evidence during the trial.

8. Having considered the submission of the Investigating agency this Court is of the view that the Samsung S23 mobile phone can be released to the petitioner on conditions.

The Criminal M.C is partly allowed. The Trial Court shall release the Samsung S23 mobile phone on the following conditions:

(i) The petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each for the like sum to the satisfaction of the Trial Court undertaking to produce the mobile phone as and when required