IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 Crl.MC.No. 4439 of 2008() ------------------------- CMP.5268/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KATTAKADA .................... PETITIONER(S): --------------- ARUN SASI, S/O.SASI, ARUN BHAVAN, VATTAVILA KILLI, KOLLODE PO., KULATHUMMAL VILLAGE BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): --------------- 1. S.I. OF POLICE, KATTAKADA 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4439 of 2008 ---------------------------------------- Dated this the 24th day of November 2008 O R D E R The petitioner faces allegations in a crime registered alleging commission of the offence punishable under Section 379 read with 511 I.P.C. The crux of the allegations is that the petitioner travelling in a two wheeler attempted to snatch away the gold chain of the de facto complainant. The vehicle was seized and produced before the learned Magistrate. Crime has been registered. Investigation is in progress. The petitioner applied for release of the vehicle. The learned Magistrate rejected the same considering the seriousness of the allegations and the fact that the original documents have not been produced. 2. The petitioner claims to be aggrieved by the impugned order. The learned counsel for the petitioner submits that following the dictum in Sunderbhai Ambalal Desai v. State of Gujarat [SC 2003(2) KLT 1089] this court may zealously ensure that damage and deterioration is not caused to the vehicle by the unnecessary detention of the vehicle in the custody of the police. Crl.M.C.No.4439/08 2 3. The learned Public Prosecutor, after taking instructions, submits that the petitioner is not involved in any other crime nor is there an allegation that the vehicle in question is involved in any other crime. At any rate, the learned Public Prosecutor submits that the police suspects that the petitioner is not the real owner of the two wheeler and in these circumstances if the petitioner satisfies the court by original documents that he is the owner entitled to possession of the vehicle, the vehicle can be released to the petitioner and the State has no objection against release of the vehicle subject to appropriate conditions. 4. Having considered all the relevant inputs including the stand taken by the learned Public Prosecutor and imbibing the concern which prevail in the Supreme Court in Sunderbhai Ambalal Desai (Supra), I am satisfied that a lenient view can be taken and the vehicle can be directed to be released to the petitioner subject to appropriate terms and conditions. 5. In the result, a) This Crl.M.C is allowed. b) The impugned order is set aside. c) The vehicle No.KL 20 9843 shall be released to the petitioner by the learned Magistrate on the following terms and Crl.M.C.No.4439/08 3 conditions: i) The petitioner shall produce all documents to show that he is the owner entitled to possession of the vehicle. The documents shall be perused by the learned Magistrate and the Prosecutor in charge of the case shall also be heard while deciding whether the documents are acceptable or not. ii) The petitioner shall execute a bond equal to the value of the vehicle to be determined by the learned Magistrate along with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. The petitioner, in the bond to be executed by him shall undertake that the vehicle while in his custody shall not be used for the commission of any offence. iii) In the peculiar facts and circumstances of this case, needless to say, the learned Magistrate must zealously ensure that the sureties offered are sufficient and solvent. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No.4439/08 4 Crl.M.C.No.4439/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008