IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 Crl.Rev.Pet.No. 2278 of 2010() ------------------------------ CMP.650/2010 of JUDL.MAGISTRATE OF FIRST CLASS-I, MUVATTUPUZHA (CRIME NO.483/2010) .................... REVN. PETITIONER: --------------------- LIYO M.P.,S/O.PAILY,NELLIPPILLIL HOUSE, MUVATTUPUZHA. BY ADV. SRI.P.M.SANEER SRI.SHAJIN S.HAMEED RESPONDENT(S): --------------- THE SUB INSEPCTOR OF POLICE, MUVATTUPUZHA POLICE STAION, REPRESETNED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI C.M. NAZAR. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl.R.P. No. 2278 of 2010 ---------------------------------------- Dated the 11th Day of August 2010 ORDER Aggrieved by the order dated 3.6.2010 in CMP No.650/2010, in crime No.483/10 of Muvattupuzha police station, of the court of Judicial First Class Magistrate-I, Muvattupuzha, which is an order under section 451 of Cr.P.C., the claimant therein preferred this Crl.R.P. 2. Being part of the investigation in crime No.483/10 of Muvattupuzha Police Station, the police seized an Indane gas cylinder from the possession of the 2nd accused in the above crime, when he was found transporting empty gas cylinders, 7 in number, in an autorickshaw driven by him. The case and claim of the revision petitioner is that he had handed over a filled cylinder to first accused, on his request that the cylinder, which was being used in his house became empty and thus he was in need of an LPG cylinder for domestic purpose, which subsequently converted by the accused for their illegal activities and CRL.R.P.No.2278/10 -:2:- therefore the revision petitioner approached the court below for the release of the gas cylinder. The learned Magistrate, on the basis of the report filed by the Station House Officer, Muvattupuzha Police station, that no complaint is preferred by the revision petitioner in the police station regrading the loss or theft of any gas cylinder, rejected the claim for interim custody of the cylinder. 3. The learned Public Prosecutor on instruction submitted that the investigation in the above crime is over and the police has filed a report based upon which cognizance was taken and instituted C.C.No.321/2010 which is now pending for consideration before the court below. 4. Having regard to the facts and circumstances involved in the case, I am of the view that the prayer of the petitioner can be allowed by imposing appropriate condition which will be fixed by the learned Magistrate. In the result, this Crl.R.P. is disposed of setting aside the order dated 3.6.2010 of the learned Magistrate in CMP 650/10 in crime No.483/10 of Muvattupuzha Police Station, CRL.R.P.No.2278/10 -:3:- and directing the Magistrate to release the gas cylinder which sought to be released in the said petition, by imposing appropriate conditions subject to the satisfaction of the learned Magistrate. V.K.MOHANAN JUDGE kvm/- CRL.R.P.No.2278/10 -:4:- O.P.No. JUDGMENT Dated:..