IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 Crl.MC.No. 2141 of 2011() ------------------------------------ CRIME NO.381/2011 OF KURUPPUMPADY POLICE STATION. .................... PETITIONER(S): ------------------------ 1. BINDU RAJAN, MANALUMALY HOUSE, NEDUMGAPRA P.O., PAYYAL KARA, ASAMANNOOR VILLAGE, KUNNATHUNAD TALUK. 2. PAILY VARGHESE, CHITTAYAM HOUSE, NEDUMGAPRA P.O., NEDUMGAPRA KARA, ASAMANNOOR VILLAGE, KUNNATHUNAD TALUK. 3. FRANCY P.PAUL, PULLAN HOUSE, NEDUMGAPRA P.O., PAYYAL KARA, ASAMANNOOR VILLAGE, KUNNATHUNAD TALUK. 4. P.S. PAULOSE, PULLAN HOUSE, NEDUMGAPRA P.O., NEDUMGAPRA KARA, ASAMANNOOR VILLAGE, KUNNATHUNAD TALUK. 5. T.V. GEORGE, THOKKANAL HOUSE, NEDUMGAPRA P.O., NEDUMGAPRA KARA, ASAMANNOOR VILLAGE, KUNNATHUNAD TALUK. BY ADV. SRI.SIRAJ KAROLY RESPONDENT(S): -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.B. JAYASURYA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 2141 of 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE-I(a): COPY OF THE CLAIM PETITION FILED BY THE 1ST PETITIONER HEREIN BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PERUMBAVOOR WITH TRANSLATION. ANNEXURE-I(b): COPY OF THE CLAIM PETITION FILED BY THE 2ND PETITIONER HEREIN BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PERUMBAVOOR WITH TRANSLATION. ANNEXURE-I(c); COPY OF THE CLAIM PETITION FILED BY THE 3RD PETITIONER HEREIN BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PERUMBAVOOR WITH TRANSLATION. ANNEXURE-I(d): COPY OF THE CLAIM PETITION FILED BY THE 4TH PETITIONER HEREIN BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PERUMBAVOOR WITH TRANSLATION. ANNEXURE-I(e): COPY OF THE CLAIM PETITION FILED BY THE 5TH PETITIONER HEREIN BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PERUMBAVOOR WITH TRANSLATION. ANNEXURE-II(a): COPY OF THE ORDER DATED 30/06/2011. RESPONDENTS ANNEXURES: NIL. //TRUE COPY// P.A. TO JUDGE rs B.P.RAY, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.2141 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of July, 2011 ORDER Heard learned counsel for the petitioner and the learned Public Prosecutor. 2. Petitioners are the owners of the gas cylinders of Indane Gas under Babus Gas Agency at Perumbavoor. They are giving the gas cylinders to Benny, S/o Raphel, Kottanadan House, Mekkappala for refilling. Police seized the gas cylinders on the allegation that said Benny was illegally and without any authority of law doing the said business. Crime No.381/2011 has been registered under Sections 3 and 4 of Essential Commodities Act, 1958 by Kuruppumpady Police and the same is now pending on the file of the Judicial First Class Magistrate Court - I, Perumbavoor. 3. Petitioners approached the Magistrate to release the gas cylinders. Learned Magistrate rejected the petitions filed under Section 451 Cr.P.C. for releasing the gas cylinders to the respective petitioners. No useful purpose will be served, if the gas cylinders are kept in custody. 4. In the above facts and circumstances of the case, I direct the learned Magistrate, if he is satisfied that petitioners are the owners of the gas cylinders, to release the same to the petitioners on their executing bond for Rs.1500/- each for the like amount to the satisfaction of the learned Magistrate. Ordered accordingly. Crl.M.C. is disposed of as above. B.P.RAY, JUDGE jes