IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1452 of 2009()
1. SHIBU, S/O. VARGHESE, AGED 36 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REP BY PUBLIC
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SMT.DAISY A.PHILIPOSE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :21/05/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.1452 OF 2009
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Dated 21st May 2009
O R D E R
This petition is filed under Section 482 of
Criminal Procedure Code for releasing jeep KL-40-9303
which was seized by Mathilakam police in crime
No.665/2008. According to the petitioner though he
filed C.M.P.No.1477/2009 before Judicial First Class
Magistrate, Kodungallur for interim custody of the
vehicle with relevant document including the consent
letter of the registered owner, the Magistrate called
for the report and thereafter Annexure-A3 petition
was returned for moving before appropriate authority.
Case of the petitioner is that he is prepared to
furnish sufficient bank guarantee and if interim
custody is not granted, the vehicle would be damaged
and therefore interim custody is to be granted.
2. Learned Public Prosecutor submitted
that subsequent to the filing of the petition the
vehicle was handed over to the Deputy Commissioner of
Excise, Thrissur for confiscation. In such
CRMC 1452/09
2
circumstances, remedy of the petitioner is to approach
the Deputy Excise Commissioner for interim custody.
With that liberty, petition is dismissed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.