Sajan vs Sub Inspector Of Police on 5 May, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1475 of 2009()


1. SAJAN, AGED 23 YEARS, S/O. THOMAS,
                      ...  Petitioner

                        Vs



1. SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. STATE OF KERALA,

                For Petitioner  :SRI.N.K.MOHANLAL

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :05/05/2009

 O R D E R
                      V. RAMKUMAR, J.
                  = = = = = = = = = = = = =
                   Crl.M.C.No.1475 of 2009
                  = = = = = = = = = = = = = =
              Dated this the 5th day of May, 2009

                              ORDER

The Petitioner, claiming to be the registered owner of a

Tata Indica car bearing registration No.KL 5L-7766 and the

agreement holder of a Scorpio car bearing Registration No.KL

17B- 2233 which were seized by the Chittarikkal Police in

Crime No.22 of 2009, challenges the orders passed by the

J.F.C.M-II, Hosdurg as well as the Sessions Judge, Kozhikode

refusing interim custody of the vehicles on a claim made by the

petitioner under Section 451 Cr.P.C.

2. Heard both sides.

3. Apart from the fact that the order passed by the learned

Magistrate was an interlocutory order and therefore not

revisable before the Sessions Court, Kozhikode, the

investigation thus far conducted shows that the chasis number

and the engine number of the vehicles were found to have been

Crl.M.C.No.1475 of 2009
2

tampered with and the investigating agency has not so far traced

out the true owners of the vehicles. Hence I am not inclined to

interfere with the orders passed by the courts below. This

Crl.M.C is, accordingly , dismissed.

Dated this the 5th day of May, 2009.

V. RAMKUMAR, JUDGE

sj