Aravind Ajith vs Sub Divisional Magistrate … on 9 October, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 27055 of 2009(Q)


1. ARAVIND AJITH,AGED 21,
                      ...  Petitioner

                        Vs



1. SUB DIVISIONAL MAGISTRATE KOZHIKODE.
                       ...       Respondent

2. CITY POLICE COMMISSIONER,CALICUT.

3. SUJITH.M,SUB INSPECTOR OF POLICE,

4. SUNIL,SUB INSPECTOR OF POLICE,NADAKKAVU

                For Petitioner  :SRI.K.K.JAYARAJ NAMBIAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :09/10/2009

 O R D E R
              M.SASIDHARAN NAMBIAR,J.
              ------------------------------------------
                W.P.C.NO. 27055 OF 2009
              ------------------------------------------
               Dated        9th October 2009

                          JUDGMENT

Petition is filed under Article 226 of

Constitution of India for a writ of mandamus directing

the respondents to release the vehicle to the

petitioner on conditions and to direct fourth

respondent, Sub Inspector to investigate crime

No.481/2009 of Nadakkavu police station

expeditiously. Case of the petitioner is that on

17/8/2009 at about 5.30 p.m the motor bike of the

petitioner KL-11/AB-5032, which was parked near Thej

Motors, a workshop where the petitioner used to repair

the vehicle, was taken away by third respondent Sub

Inspector of police and at the time of seizure

petitioner was not given any receipt acknowledging

the seizure and even though petitioner contacted the

third respondent thereafter, he was informed that

there was suspected tampering of engine number and

chassis number and therefore, it is to be examined by

the Forensic Scientific Lab at Kannur and even after

lapse of months vehicle was not produced before the

court and was also not released and in such

WPC 27055/09
2

circumstances, a direction is to be issued to release

the vehicle.

2. Learned Government Pleader on

instructions submitted that the vehicle was found

in abandoned stage and therefore, it was seized and

the factum of seizure was reported to the first

respondent Sub Divisional Magistrate, and on

examination of the vehicle it was found that there

was suspected tampering of the engine number and

chassis number and therefore, the matter is to be

investigated. Learned Government Pleader submitted

that there is no objection for releasing the vehicle

to the petitioner, provided he produces the vehicular

documents and also undertaking that the vehicle

shall be produced as and when required for the

purpose of investigation. Learned counsel appearing

for the petitioner submitted that pursuant to Ext.P3

notice copies of vehicular documents were already

produced.

3. Writ petition is disposed directing

fourth respondent to release the vehicle to the

WPC 27055/09
3

petitioner, on furnishing necessary vehicular

documents and submitting the undertaking. Fourth

respondent is directed to expedite the investigation

in crime No.481/2009 of Nadakkavu police station.

M.SASIDHARAN NAMBIAR,
JUDGE.

uj.