Abdul Hakkim vs State Of Kerala on 31 March, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 857 of 2010()


1. ABDUL HAKKIM, S/O.KOCHUNNI
                      ...  Petitioner

                        Vs



1. STATE OF KERALA
                       ...       Respondent

2. THE CIRCLE INSPECTOR OF POLICE

3. THE SUB INSPECTOR OF POLICE

                For Petitioner  :SRI.GIKKU JACOB

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :31/03/2010

 O R D E R
          M.SASIDHARAN NAMBIAR,J.

           ------------------------------------------
            CRL.M.C.NO.857 OF 2010
           ------------------------------------------
            Dated 31st           March 2010


                         O R D E R

Petitioner filed C.M.P.420/2010

for interim custody of vehicle No.KL-7.AU-

3042 seized in crime No.1515/2010 of City

Traffic Police Station (West), Ernakulam.

By Annexure-II order, learned Magistrate

dismissed the petition holding that on

executing kaichit by one Sudheer who is

manager of the petitioner, vehicle was

released to him and therefore, petition

cannot be allowed either under Section 451

or 457 of Code of Criminal Procedure.

Annexure-II order is challenged in this

petition.

2. Learned counsel appearing for

the petitioner submitted that the vehicle

Crmc 857/10
2

is even now in the police station premises and

was not released to the petitioner and he did

not authorise Sudheer to get the vehicle

released and in such circumstances, Annexure-

II order is to be quashed.

3. Learned Public Prosecutor submitted

that Sudheer claiming as the manager of the

petitioner, executed a kaichit for release of

the vehicle but he did not take custody of the

vehicle from the police station and it is

therefore, in the police station premises.

4. Learned counsel appearing for the

petitioner submitted that as vehicle is not

necessary for the purpose of trial, there is no

necessity to produce the vehicle before the

learned Magistrate. Learned Public Prosecutor

submitted that offence alleged is only under

Section 279 of Indian Penal Code. If that be

Crmc 857/10
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so, there may not any necessity for production

of the vehicle for the purpose of trial.

In such circumstances, Sub Inspector of

Police, City Traffic Police Station, Ernakulam

is directed to release bus No. KL-7.AU.3042 to

the petitioner.

Petition is disposed accordingly.

M.SASIDHARAN NAMBIAR,
JUDGE.

uj.