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2025 Supreme(Online)(Ker) 41958

IN THE HIGH COURT OF KERALA AT ERNAKULAM
V. G. Arun, J
N. ASIFKHAN – Appellant
Versus
CENTRAL BUREAU OF INVESTIGATION – Respondent


Advocates:
For the Appellants/Petitioners: SRI.V.JOHN SEBASTIAN RALPH, SHRI.VISHNU CHANDRAN, SHRI. RALPH RETI JOHN, SMT.GEETHU T.A., SHRI.GIRIDHAR KRISHNA KUMAR, SMT.MARY GREESHMA, SMT.LIZ JOHNY, SMT.KRISHNAPRIYA SREEKUMAR
For the Respondents: SRI. SREELAL. N. WARRIER

Table of Content
1. summary of case and legal context regarding the accused. (Para 1 , 2)
2. arguments concerning the interim custody of mobile phones. (Para 4 , 5)
3. court observations on the handling of electronic data. (Para 6)
4. reasoning on acceptance of electronic data as primary evidence. (Para 7)

ORDER

The petitioner is the 6th accused in S.C No.1650 of 2024 of the Special Judge's Court (SPE/CBI)-I, Ernakulam, wherein he is facing prosecution for the offences punishable under Sections 120B , 323, 324, 341, 342, 355, 306 and 506 of IPC and Sections 3 and 4 of the Kerala Prohibition of Ragging Act , 1998.

2. The prosecution allegation is that the accused hatched a conspiracy and physically assaulted Sidharthan J.S, their co- student AT the Veterinary and Animal Sciences College, Pookode, on the intervening night of 16.02.2024 and 17.02.2024 and abetted him to commit suicide. The crime was initially registered at the Vythiri Police Station and later entrusted with the Central Bureau of Investigation. During the course of investigation, three mobile phones belonging to the petitioner were seized from his possession. The petitioner later moved an application seeking interim custod

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