IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 275 of 2011()
1. P.A.SHANAVAS, S/O.ABOOBACKER,
... Petitioner
Vs
1. STATE OF KERALA REP.BY
... Respondent
For Petitioner :SRI.P.M.ZIRAJ
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :28/01/2011
O R D E R
THOMAS P.JOSEPH, J.
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Crl. M.C. No.275 of 2011
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Dated this the 28th day of January, 2011
O R D E R
Petitioner is aggrieved by Annexure-I, order dated December
29, 2010 on C.M.P. No.3523 of 2010 of the court of learned Judicial
First Class Magistrate-I, Ernakulam arising from Crime No.13860 of
2010 of the City Traffic Police Station. Vehicle belonging to the
petitioner is allegedly involved in an offence punishable under
Sec.304 of the Indian Penal Code. Case is that the driver of the
said vehicle drove it in such a manner that it hit a car and six
persons travelling in it were killed and thereby the driver
committed the offence as alleged. Petitioner sought interim
custody of his vehicle. That application was dismissed by
Annexure-I, order. It is contended by learned counsel that it is not
necessary to retain the vehicle in the custody of court. I have
heard learned counsel for petitioner and the learned Public
Prosecutor.
2. It is seen from Annexure-I, order that learned
Magistrate was not inclined to release the vehicle at that stage of
the investigation for the reason that paint sample from the vehicle
CRL.M.C. No. 275 of 2011
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was not collected and custody of the vehicle was required for
further investigation. That order does not preclude petitioner
from moving fresh application before the learned Magistrate at
the appropriate stage. I make it clear that it is open to the
petitioner to move the learned Magistrate again to release the
vehicle and if any such application is preferred learned Magistrate
shall dispose of the same in accordance with law having regard to
the issue regarding the need to retain the vehicle in court custody
as expeditiously as possible.
Criminal Miscellaneous Case is disposed of as above.
THOMAS P. JOSEPH, JUDGE.
vsv