ORDER

Petitioner challenges the order dated 05.07.2023 in Crl.M.P.No.3721/2023 in Crime No.201/2022 of Kongad Police Station, Palakkad District.

2. According to the prosecution, on 17.06.2022, the accused had, in furtherance of the common intention, blocked a Hyundai Creta car, in which the defacto complainant was travelling and being armed with iron rods committed dacoity by robbing the car worth Rs.11 lakhs and cash of Rs.4 Crores apart from three mobile phones.

3. The mobile phone in the possession of the 4th accused was seized during investigation and produced before the court. Petitioner filed an application seeking interim custody of the phone, stating that he is the owner with the sim card in it and the same is not required for investigation. In support of his contention, petitioner produced the copy of the invoice as well. However, the learned Magistrate dismissed the application, noticing that the proceeds of the crime was used for purchasing the mobile phone.

4. I have heard Adv.T.K.Sandeep, learned Counsel for the petitioner as well as Sri.M.C.Ashi, learned Public Prosecutor.

5. Learned Public Prosecutor submitted that the mobile phone is a material object to be produced in t