'Why Channel's Equipments Seized By Police?' Kerala High Court Orders Return Of Devices Of 'Marunadan Malayali' Channel

The Kerala High Court on Thursday directed the Ernakulam Sessions Court to return the electronic equipment of Marunadan Malayali Channel, that was seized in connection with a case against its Editor.

The equipment were seized by the police in connection with a case pertaining to the broadcast of a news item against MLA Sreenijin, alleging mal-administration of Sports Hostel at the instance of the MLA in his capacity as the Chairman, District Sports Council.

"This case is to be proved mainly based on oral evidence. I do not know why the entire equipments of this channel are seized by the Police in connection with this case," Justice P.V. Kunhikrishnan remarked. 

Managing Director Sajan Sakria and two former employees of the company have been booked under Sections 3(1)(r), 3(1)(u) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, which pertains to insult and humiliation for being member of  SC/ST, and criminalisation of any communication that promotes or attempts to promote feelings of enmity, hatred or ill-will against the members of SC/ST, respectively, r/w Sec. 120(O) of the Kerala Police Act, 2011. 

The Police conducted search of the Company's office at Thiruvananthapuram and seized cameras, monitors, micro phones, laptops, CCTV DVR, and so on, in June 2023. 

While ordering the release of the seized articles, High Court directed the Ernakulam Court to impose apposite conditions on the petitioner including not to tamper with any content of the equipment.

Skaria had earlier filed two applications seeking release of the seized articles and de-freezing of the Company's bank accounts. The said applications were however dismissed by the Sessions Court stating the seized articles would have to be forwarded to the Forensic Science Laboratory. Thus Skaria moved the High Court.

Advocate C.G. Preetha appearing for Skaria contended that the seized articles were necessary for the day to day affairs of the channel.

Public Prosecutor Hrithwick C.S. opposed the plea and argued that Skaria was only one amongst the Directors, and was not the custodian. It was added that the articles which had been sent for forensic analysis had been returned to the District and Sessions Court, for want of an additional sterile hard disk with double capacity for conducting the examination of data contained in the seized items, and were thus presently with the Sessions Court at Ernakulam. The counsel submitted that an application along with three quotations had been submitted to the District Police Chief, Kochi City for getting sanction to purchase the sterile hard disk, which request has been forwarded to the Police Headquarters, Thiruvananthapuram for sanction, and is presently under consideration. 

The Public Prosecutor thus submitted that the seized items would be sent to the FSL after purchasing the sterile hard disk, and the time needed for examination would depend upon the nature of the examination and pendency of cases at RFSL. 

The Court refused to accept the contentions of the Public Prosecutor and was of the view that the present case was to be proved mainly on oral evidence. 

"I am of the considered opinion that these materials should be released to the petitioner forthwith. As per the instructions, it is submitted that the monitor and cameras are with the Police and that also should be returned forthwith to the petitioner, after executing a bond. If the examination of the material is necessary, the Police can direct to produce the articles one after the other, nstead of seizing the entire articles," the Court observed. 

The Court thus directed the Sessions Court, Ernakulam, to release the articles after imposing appropriate conditions, and also directed the police authorities to release the monitors and cameras kept by them within a week, after executing a bond. 

The plea was thus allowed. 

Citation: 2023 LiveLaw (Ker) 543

Case Title: Sojan Scaria v. State of Kerala & Ors. 

Case Number: CRL.MC NO. 7345 OF 2023

Click Here To Read/Download The Order