IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 Crl.MC.No. 3321 of 2011() ------------------------------------ CRIME NO.269/2011 OF PATHANAMTHITTA POLICE STATION. .......... PETITIONER(S): DEFACTO COMPLAINANT ------------------------------------------------------------- UMASANKAR, AGED 42 YEARS, S/O. BALAKRISHNAN, GOVINDA MANGALATHU VEEDU, VALANCHUZHI, PATHANAMTHITTA VILLAGE, KOZENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): RESPONDENT ----------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA- DIST-684645. 2. STATE OF KERALA, REPERSENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.3321/2011 APPENDIX PETITIONER(S) ANNEXURES A1:- CERTIFIED COPY OF THE ORDER IN JFMC NO.1, PATHANAMTHITTA IN CRL.M.P. 2620/2011 IN CRIME NO.269/2011 OF PATHANAMTHITTA POLICE STATION. A2:-THE TRUE COPY OF THE R.C. PARTICULARS OF THE VEHICLE NO.KL-2-V-4373. A3:-THE TRUE COPY OF THE SALE RECEIPT DATED 25-11-2010. A4:- ORIGINAL OF THE AFFIDAVIT OF THE ORIGINAL R.C. OWNER. A5:-THE TRUE COPY OF THE REPORT OF THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3321 of 2011 ----------------------------------- Dated this the 24th day of October 2011 O R D E R Petitioner is the de facto complainant in Crime No.269/2011 of Pathanamthitta Police Station. The crime was registered alleging offence punishable under Sec.379 r/w 34 IPC. The petitioner says that he was the owner in possession of the lorry bearing Reg.No.KL-02-V-4373. According to the complainant, the said lorry was stolen away. The said lorry was seized by the Thrikkakara Police and was produced before J.F.C.M.-I, Pathanamthitta. 2. The petitioner filed an application under Sec.451 Cr.P.C. for getting interim release of the said lorry. It was reported by the police before the learned Magistrate that this vehicle was seized in connection with Crime No.1267/2011 of Thrikkakara Police Station since that vehicle was having fake registration number as TN-69Z- Crl.M.C. No.3321 of 2011 -: 2 :- 9628. The learned counsel for the petitioner submits that engine number and chassis number mentioned in the RC produced by the petitioner would clearly show that the vehicle belongs to the petitioner herein. The fact that the vehicle can be released to the petitioner is not seriously objected. The only reason put forward was that the vehicle should be subjected to examination by the Forensic Science Laboratory. The learned Public Prosecutor on instructions submits that the materials have already been collected and sent to the FSL, for report. If that be so, there can be no other objection in ordering interim release of the vehicle. Hence, this Crl.M.C. is disposed of with the following directions :- (i)The petitioner shall execute a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like amount. (ii)The petitioner or one of the sureties shall produce original title deed of the property shown in the tax Crl.M.C. No.3321 of 2011 -: 3 :- receipt. (iii)The petitioner shall undertake by filing an affidavit that the tampered portion showing the engine number and chassis number of the vehicle shall be kept intact unless otherwise ordered by the court. (iv)He will also undertake that the vehicle will be produced before the learned Magistrate as and when directed. N.K.BALAKRISHNAN, JUDGE. Jvt