High Court Kerala High Court

Shibu vs State Of Kerala on 21 May, 2009

Kerala High Court
Shibu vs State Of Kerala on 21 May, 2009
       

  

  

 
 
  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.

              ------------------------------------------
               CRL.M.C.NO.1452 OF 2009
              ------------------------------------------

                 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.