High Court Kerala High Court

Alex Abraham vs State Of Kerala on 9 September, 2009

Kerala High Court
Alex Abraham vs State Of Kerala on 9 September, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2682 of 2009()


1. ALEX ABRAHAM, S/O.ABRAHAM,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.ARUN PETER CHETTIYATT

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :09/09/2009

 O R D E R
              M.SASIDHARAN NAMBIAR,J.
            ===========================
            CRL.M.C.No.2682       OF 2009
            ===========================

    Dated this the 9th day of September,2009

                        ORDER

Car bearing reg. No.KL-09/M-5900 was seized by the

police in Crime 660/2009 of Kothamangalam Police

Station. Petitioner filed CMP 322/2009 under section

451 of Code of Criminal Procedure for interim custody

of the vehicle. Under Annexure A3 order learned

Magistrate dismissed the petition for the reason that

the report submitted by the Circle Inspector shows that

the car is involved in the Bangalore Bomb Blast and the

case is being investigated by the Central Intelligance

Agencies. This petition is filed under section 482 of

the Code of Criminal Procedure to quash Annexure A3

order.

2. Learned counsel appearing for the petitioner

and learned Public Prosecutor were heard.

3. The learned Public Prosecutor submitted that

though when the petition was heard by the learned

Magistrate it is reported that the car was involved in

Bangalore Bomb blast, revealed that it was not

involved in the said case.

Crl.M.C.2682/2009 2

In such circumstance, Annexure A3 order is quashed.

Judicial First Class Magistrate, Kothamangalam is directed

to reconsider CMP 322/2009 and pass appropriate orders in

accordance with law.

M.SASIDHARAN NAMBIAR
JUDGE
tpl/-

M.SASIDHARAN NAMBIAR, J.

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W.P.(C).NO. /06

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JUDGMENT

SEPTEMBER,2006