IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 Crl.MC.No. 2644 of 2010() ------------------------- CRIME NO.877/2009 OF ELOOR POLICE STATION .................... PETITIONER(S): --------------- JIJU, AGED 32 YEARS, S/O.PAPPACHAN, THEKKAN VEETIL HOUSE, ALIKKUZHY KARA, KUNNUKARA VILLAGE. BY ADV. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENT(S): --------------- STATE OF KERALA, REP. BY S.I. OF POLICE, ELOOR POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No. 2644 OF 2010 -------------------------------------- Dated this the 22nd day of July, 2010 ORDER Petitioner, who is the 1st accused in Crime No.877/2009 of Eloor Police Station for offences punishable under Sections 419, 465, 468, 471, 406 and 420 read with 34 IPC, seeks a direction to the J.F.C.M Court, North Parur not to compel the petitioner to produce the 2005 model Asok Leyland, E-Comet lorry bearing Registration No.KL-7BB 2168 and to declare that Annexure F affidavit filed by the petitioner before the Court below was so filed, consequent on the petitioner having been compelled to file the same. 2. The case of the petitioner can be summarized as follows:- The registered owner of the said lorry is one Jomy who is abroad. The petitioner purchased the said lorry from the said Jomy. There is a Hire Purchase Agreement in respect of the lorry and the petitioner has been paying the hire charges to the financier. On 26.5.2009 the vehicle met with an accident at Poona and the vehicle is said to have been completely damaged. Through the intervention of a vehicle Crl.M.C. No.2644 OF 2010 : 2 : broker, the petitioner sold the vehicle to one Sareesh alias Sadique, the 2nd accused, for Rs.5,12,000/-. While so, one Thomas, brother of the registered owner, filed Annexure D private complaint against the petitioner alleging the aforesaid offences. The said complaint was referred to the police for investigation resulting in the Eloor police registering Crime No.877/2009 for the aforementioned offences. The petitioner was arrested and he was remanded judicial custody for four days during which period police custody was also given. Sadique is a notorious criminal and the petitioner was constrained to file Annexure F affidavit as directed by the Magistrate. Now, on the basis of the said affidavit he is being directed to produce the vehicle. 3. The learned Public Prosecutor on instructions submitted that the vehicle was actually dismantled by accused Nos.2 to 5 and not by the 1st accused (the petitioner). If so, the matter requires further probe. Accordingly, this Criminal M.C is disposed of directing the J.F.C.M Court, North Parur to conduct an enquiry as to who dismantled the vehicle in question, where and when and whether Annexure F affidavit Crl.M.C. No.2644 OF 2010 : 3 : was filed by the petitioner voluntarily and come to an independent finding. It is only, if the Magistrate, after conducting such enquiry, comes to the conclusion that the petitioner had a role in dismantling the lorry in question, shall pass orders against the petitioner compelling him to produce the vehicle. No proceedings shall be taken against the petitioner to compel him to produce the lorry until the conclusion of the enquiry. V.RAMKUMAR, JUDGE dmb