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2007 Supreme(Online)(KER) 36916

HIGH COURT OF KERALA
V.RAMKUMAR, J
MANIKANDAN – Appellant
Versus
S I OF POLICE – Respondent


ORDER

The interesting question which arises for consideration in this revision is as to whether a person who is arrested by a police officer without a warrant under Section 41 (1) (d) Cr.P.C. on the reasonable suspicion that such person is in possession of stolen property or is reasonably suspected of having committed an offence with reference to such property, when produced before the Magistrate without anything more, is liable to be remanded to judicial custody ?

2. The revision petitioner is the accused in Crime No.

317 of 2007 of Nallalam Police Station. The said crime was registered at the instance of the Sub Inspector of Police, Nallalam. The Sub Inspector is said to have inspected the godown of the accused at Kolathara in Cheruvannur amsom on 31-10-2007 at 12.15 p.m. and is alleged to have found 300 kgms of alluminium wire. Suspecting that the alluminium wire belonged to and was used for drawing overhead lines by the Kerala State Electricity Board, the Sub Inspector seized the alluminium wire under the reasonable belief that it was stolen property. The revision petitioner was also arrested and was produced before the J.F.C.M.I, Kozhikode on 31-10-2007 itself along with a rem

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