IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WP(C).No. 15980 of 2009(N) ---------------------------------------- PETITIONER(S): ------------------------ GOVINDA NARAYAN NARAHARI,AGED 29 YEARS, S/O.SARVOTHAMA PRABHU RESIDING AT GURUKRIPA, A.N.PURAM,MULLACKAL WARD,ALAPPUZHA. BY ADV. MR.B.PRAMOD RESPONDENT(S): --------------------------- 1. THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS,THIRUVANANTHAPURAM. 2. THE STATION HOUSE OFFICER,ALAPPUZHA SOUTH POLICE STATION. 3. THE STATION HOUSE OFFICER,ALAPPUZHA TRAFFIC POLICE STATION. 4. THE REGIONAL TRANSPORT OFFICER, ALAPPUZHA. 5. SYAMKUMAR,S/O.VIJAYARAGHAVAN, AZHEEKAKAM VEEDU,WARD NO.1,PURAKKAD PANCHAYATH, ALAPPUZHA. 6. SURESH,AGED 25 YEARS,S/O.MANIYAPPAN, ILLICKAL VEEDU,MAMBUZHAKKARI MURI,WARD NO.5, RAMANAKRY PANCHAYATH,ALAPPUZHA. R1 TO R4 BY GOVERNMENT PLEADER MR. P.A. SALIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 15980 OF 2009 = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 10TH DAY OF JUNE, 2009. J U D G M E N T Raman, J. Petitioner is the accused in Crime No. 100/2009 of Alappuzha South Police Station and the matter is now pending before the Judicial Magistrate of First Class, Alappuzha. The Tata safari car bearing Reg. No. KL- 4X/8008 involved in the above said crime was produced before the Magistrate Court, which was subsequently released to the petitioner as evidenced by Ext.P6, pending further consideration of the matter on certain conditions. Thus, the petitioner is having the custody for the vehicle pursuant to the order passed by the criminal court and he is only a custodian of the vehicle and he has to abide by all the conditions imposed by the court. While so, alleging involvement of the same vehicle in a traffic case, petitioner is now asked to produce the same before the Assistant Sub Inspector, Alapuzha Traffic Police Station, as evidenced by Ext.P8 notice. Petitioner apprehends that the moment he produces the vehicle, it may be handed over to the 5th respondent. WP(C) 15980/2009 :2: 2. We have heard the learned Government Pleader also. In the view we are taking, it is not necessary to issue notice to the 5th respondent. Since the vehicle was already produced before the Magistrate Court and the petitioner is now in custody of the same as per orders passed by that court, the same cannot be handed over to any person without previous sanction of the court which released the vehicle to the petitioner. Hence the vehicle on production before the police shall be returned to the petitioner himself on executing a kychit and any party having any claim for the vehicle can approach the criminal court. The writ petition is closed subject to what is stated above. P.R. RAMAN, JUDGE. P. BHAVADASAN, JUDGE. KNC/-