IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4583 of 2010()
1. SAJEER T.P., S/O. ISMAIL K.K.,
... Petitioner
Vs
1. STATE OF KERALA, TO BE REP.BY PUBLIC
... Respondent
2. STATION HOUSE OFICER, THALASERY
For Petitioner :SRI.K.S.MADHUSOODANAN
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :24/11/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.4583 OF 2010
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Dated 24th November, 2010
O R D E R
R.C owner of the vehicle
No.KL-18/C-1105, which involved in crime
No.768/2010 of Thalassery Police Station
registered for the offences under Sections
143, 147, 148, 341, 435, 109, 120 B, 201
and 302 read with Section 149 of Indian
Penal Code and Sections 3 and 5 of the
Explosive Substances Act filed
C.M.P.4070/2010 before Judicial First Class
Magistrate, Thalassery for interim custody
of the vehicle under Section 451 of Code
of Criminal Procedure. By Annexure-I order
the petition was dismissed for two reasons.
Firstly, it was found that as the vehicle
was used for commission of the offence,
Crmc 4583/10
2
there is every possibility of using it again.
Secondly it was found that there is possibility
of dismantling and transfering the vehicle for
the purpose of destroying the evidence.
Petition is filed under Section 482 of Code of
Criminal Procedure to quash Annexure-I order.
2. Learned counsel appearing for the
petitioner and learned Public Prosecutor were
heard.
3. There is no dispute on the fact that
petitioner is the registered owner of the
vehicle. On the facts and circumstances of the
case, learned Magistrate was not justified in
dismissing the application, either for the
reason that the vehicle could be used for
commission of the similar offences or for the
reason that there is possibility of transfer or
dismantling the vehicle. On sufficient
Crmc 4583/10
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conditions vehicle could be released as it is
clear that for the purpose of the trial, the
vehicle is not necessary.
Petition is allowed. Annexure-I order
is quashed. C.M.P.4070/2010 stands allowed.
Judicial First Class Magistrate, Thalassery is
directed to release the vehicle to the
petitioner on executing a bond for rupees Two
Lakhs with two solvent sureties for the like
sum to the satisfaction of the learned
Magistrate undertaking not to transfer the
vehicle or dismantle it or make any
modification and produce it as and when
required.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.