IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 Crl.MC.No. 2662 of 2009() ------------------------- PETITIONER(S): --------------- EDWARD M.V., AGED 57 YEARS, S/O.M.C.VAKKO,MUDAVOOR PO, VAZHAPPILLY, MUVATTUPUZHA. BY ADV. SRI.JOY GEORGE SMT.PRAICY JOSEPH RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THE SUB INSPECTOR OF POLICE, THODUPUZHA. SRI. S.U. NAZAR,PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - Cr.M.C.No. 2662 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of August, 2009 O R D E R A Qualis Jeep bearing Registration No. KL 2 K 7698 taken on rental basis belonging to the petitioner, was seized by Thodupuzha Police in Crime No.744/2009 registered for the offences under Section 379 read with 34 Indian Penal Code. 2. Prosecution case is that by travelling in the said vehicle, the accused committed the offence. The petitioner filed Crl.M.P. No.5140/09 under Section 451 of Cr.P.C. for interim custody of the vehicle. As per Annexure III order, petition was dismissed, holding that one of the accused is yet to be apprehended and in such circumstances, interim custody cannot be granted at this stage. 3. Learned counsel appearing for the petitioner and the learned Public Prosecutor were heard. Cr.M.C.No. 2662 OF 2009 . : 2 : 4. As rightly pointed out by the learned counsel appearing for the petitioner when police has no case that petitioner is an accused in the case. Only case is that the vehicle was used by the accused, by taking it on rental basis for apprehending the other accused, it is not necessary to retain the vehicle. In such circumstances, petition is allowed. Judicial First Class Magistrate, Thodupuzha is directed to release the vehicle to the petitioner on executing a bond for Rs.2,00,000/- with two solvent sureties of the like sum to the satisfaction of the Magistrate on undertaking to produce the vehicle before the Court as and when necessary. ( M. SASIDHARAN NAMBIAR, JUDGE) jma