IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 Crl.MC.No. 690 of 2009() ----------------------------------- CMP.1742/2008 of JUDL. MAGISTRATE OF FIRST CLASS, MALAPPURAM .................... PETITIONER(S): PETITIONER ------------------------- J.SUNIL KUMAR BOTHRA, VAIKUNDAVADYAR STREET, SOUKARPOTE, CHENNAI - 79. REPRESENTED BY MUKTHYAR AGENT K.ABDUL AZEEZ, S/O.MUHAMMED, KORMATH VEEDU, KARUVAMBRAM P.O., MANJERI VIA, MALAPPURAM DISTRICT. BY ADV. MR.K.M.SATHYANATHA MENON RESPONDENT(S): RESPONDENTS & COMPLAINANTS --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31, 2. SHRI.SIRAJUDHEEN, S/O.ALAVI, PERKADAN VEEDU, THIRURKKAD P.O., MALAPPURAM DISTRICT. PUBLIC PROSECUTOR MR.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 690 OF 2009 = = = = = = = = = = = = = = = Dated this the 17th day of February, 2009. O R D E R This petition is filed against the order in CMP 1742/08 in Crime No.62/08. It was an application filed u/s 457 CrP.C. for interim custody of the vehicle bearing Reg.No.KL 5/R 2839. It is a Maruthi car. The petitioner is a financier. Unfortunately the vehicle was very badly damaged by public. It is alleged, about 25 persons formed themselves into an unlawful assembly and caused damages to the vehicle by hitting with sticks and stones. The petitioner namely the financier has not received the amount which he is entitled to. A case is registered against the so called persons for attack u/Ss. 143, 147, 148, 427, 323, 324 and 308 r/w S.149 IPC. It is also reported that the case is pending investigation. The Court considered the rival contentions and ordered the vehicle to be released in favour of the petitioner. But it imposed a condition to the effect that he shall produce the vehicle before the Investigating Officer as well as the Court CRL.M.C. 690 OF 2009 -:2:- as and when required, it shall not transfer the vehicle and that it should not make any alternation to the vehicle and that he has to keep the vehicle in the condition in which it is released etc. I feel since the very subject matter of the criminal case is with respect to the vehicle involved, for the preservation of the property as such till a decision is taken on the case may be absolutely necessary and therefore the conditions imposed by the learned Magistrate cannot be said to be wrong and it does not require interference. But how long it can be that is a question and only answer to that is to direct the Investigating agency to expedite the investigation file a charge sheet and also direct the learned Magistrate when such a charge is filed to expedite the criminal proceedings and dispose of the matter in accordance with law. If there is undue delay the petitioner herein is free to approach this Court for further directions. With this observation the CRL.M.C. is disposed of. M.N. KRISHNAN, JUDGE. ul/-