IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 13TH FEBRUARY 2007 / 24TH MAGHA 1928 Crl.MC.No. 279 of 2007() ------------------------ AGAINST THE ORDER DATED 16/12/2006 IN ORDER IN CMP.3238/2006 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA CRIME NO.667/06 OF KALAMASSERRY POLICE STATION .................... PETITIONER: CLAIM PETITIONER ---------------------------- JOBY VARGHESE, S/O.VARGHESE, H.NO.39/60, LALI BHAVAN, CHITTOOR ROAD, ERNAKULAM DT. BY ADV. SRI.K.S.MOHAMED HASHIM SRI.S.SREEDUTT SMT.CAROLIN SINDHU VAZ SRI.V.M.SAJAN RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTORSRI.S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/02/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 279 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of February, 2007 O R D E R The petitioner claims to be the owner of an autorikshaw, which has been seized by the police in connection with the investigation of a crime registered, inter alia, under Section 302 I.P.C. The deceased was the driver, who took the autorikshaw on hire from the petitioner. The deceased, while driving the vehicle, was murdered by the miscreants. The petitioner, in these circumstances, filed an application for return of the vehicle to him. The learned Magistrate, by the impugned order, rejected the application and the only reason which is held out in the impugned order is that the offence is triable exclusively by a Court of Sessions. 2. Notice was given to the learned Prosecutor. The learned Prosecutor does not oppose the application. I find the challenge raised in this Crl.M.C. to be perfectly justified. 3. This Crl.M.C. is hence allowed. The learned Magistrate shall release the vehicle to the petitioner on condition that he executes a bond for the value of the vehicle with one solvent surety Crl.M.C.No. 279 of 2007 2 and on his production of the documents showing that he is the owner of the vehicle. The original of the Registration Certificate is said to be in the custody of the court. If so, the Court shall peruse the same and pass appropriate orders. (R. BASANT) Judge tm