UNNIKRISHNAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsel for the State. The petitioner is accused No. 38 in Crime No. 111 of 2011 of C.B.C.I.D., Ernakulam for offences punishable under Ss. 366A, 376(2)(g), 354, 202 and 120B r/w. S. 341. P.C. Being aggrieved by the order dated 21.06.2011 refusing to issue certified copy of the statement recorded under S. 164 Cr.P.C. in Crime Case No. 346 of 2011 of North Paravur Police Station by the Judicial First Class Magistrate, North Paravur, the petitioner has filed this application. After having heard the learned counsel for the petitioner and the learned counsel for the State, I am of the view that the 164 statement which is part of record cannot be denied to this petitioner. Therefore, I direct the learned Magistrate to issue a certified copy of the statement recorded under S. 164 Cr.P.C. in Crime Case No. 346/2011 of North Paravur Police Station within a week from the date of making a fresh application.