ORDER

Petitioner seeks for release of laptop and mobile phone seized in Crime No.1602 of 2023 of Central Police Station, Ernakulam. Though the petitioner had preferred Crl.M.P.No.115 of 2023 seeking release of the articles, the learned Magistrate has dismissed the application pointing out that the articles cannot be released at this stage.

2. 2. Sri.Francis Assisi, the learned counsel for the petitioner contended that the crime was registered in 2022 and a final report has already been submitted and therefore, no purpose would be achieved by retaining the laptop and the mobile phone with the Investigating Agency.

3. Sri.Ashi M.C., the learned Public Prosecutor opposed the application and submitted that petitioner is involved in 32 other crimes and out of that, only 13 cases have been investigated and final reports filed. As the investigation is continuing in the remaining cases, the aforesaid articles are required for the purpose of completing the investigation.

4. On a perusal of the impugned order, it is noticed that the learned Magistrate has only observed that the articles cannot be released at this stage. Since there are several criminal cases pending against the petitioner and the allegations have all some connection with each other, the order of the learned Magistrate refusing to release the article cannot be said to be perverse especially since it is only refused for the time being. Therefore, petitioner has the liberty of seeking release of the articles even later.

In this context, it has to be observed that the Investigating Officer cannot retain the articles indefinitely and if in case any material is found in the laptop and in the mobile phone and is required to be utilised, appropriate steps ought to be initiated immediately. Therefore, though I am not inclined to interfere with the impugned order, liberty is granted to the petitioner to approach the learned Magistrate once again. If in case, the Investigating Officer does not require the same for any forensic analysis, certainly the Magistrate will be at liberty to order release of the articles on interim custody, notwithstanding this order. The Crl.M.C.is dismissed, with the above observations.