Abdul Hameed.C vs Station House Officer on 16 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 408 of 2009()


1. ABDUL HAMEED.C.,
                      ...  Petitioner

                        Vs



1. STATION HOUSE OFFICER,
                       ...       Respondent

2. STATE OF KERALA, REP. BY THE PUBLIC

                For Petitioner  :SRI.T.MADHU

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :16/02/2009

 O R D E R
                        V. RAMKUMAR , J.
            ==========================
                  Crl.R.P. Nos. 408, 409 & 410 of 2009
            ==========================
             Dated this the 16th day of February, 2009.
                                ORDER

The petitioners who claim to be the owners of three motor cycles

involved in crime No. 604 of 2008 of Hosdurg Police Station for

offences punishable under Sections 143, 147, 148, 341, 324, 332, 333

and 308 r/w Section 149 IPC, challenge the common order dated

09.12.2008 passed by the Judicial First Class Magistrate-I, Hosdurg in

C.M.P. Nos. 5319, 5328 and 5329 of 2008 dismissing the applications

filed under Sections 451 Cr.P.C for interim custody of the vehicles.

The case of the prosecution is that the two-wheelers were permitted to

be used for committing the aforementioned offences during the course

of which the police party was attacked causing destruction to the police

jeep. The investigation is still in the preliminary stage and the culprits

are yet to be apprehended by the police. If at this stage, the vehicles

are released on interim custody, it will definitely hamper the smooth

investigation of the case. I am, therefore, not inclined to interfere with

the orders passed by the court below.

These revisions are accordingly dismissed.

Dated this the 16th day of February, 2009.

V. RAMKUMAR, JUDGE.

rv