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2021 Supreme(Online)(KER) 16420

HIGH COURT OF KERALA
K.HARIPAL, J
BITAJ – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SASTHAMANGALAM S. AJITHKUMAR, SATHEESH MOHANAN, G.HARIKUMAR (GOPINATHAN NAIR), AKHIL SURESH

ORDER

Petitioners are the accused in S.C. No. 362 of 2020 pending before the 2nd Additional Sessions Court, Thodupuzha. They moved the trial Court for a direction to the service providers namely BSNL, Idea Cellular, Reliance Jio Infocom Ltd. to keep in safe custody, call record details of three given mobile numbers for a given period for issuing a certificate under Section 65B of the Evidence Act . Not being convinced of the necessity of moving such an application at that stage, the learned Sessions Judge by Annexure-I order dated 31st August 2021 dismissed the application.

2. Now the petitioners have moved this Court under Section

482 of the Cr.P.C. seeking the very same reliefs for directing the respondents 2 to 4 to collect and keep in safe custody the call details of the telephone numbers 9744198239 and 8547237026 of CW14 and CW15 from 05.12.2018 to 10.12.2018 and that of the

1st accused in respect of mobile No. 8848008682 (Jio) from 08.12.2018 and 09.12.2018 in accordance with the provisions of 65B of Evidence Act with necessary certification till the final disposal of the case.

3. I heard the learned counsel for the petitioners, the learned counsel for the 4th respondent, and

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