IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 Crl.MC.No. 3542 of 2011() ----------------------- CRIME NO. 339/2011 OF PATHANAMTHITTA POLICE STATION ................. PETITIONER / R.C.OWNER : ---------------------------------------- GOPALAKRISHNAN, AGED 34 YEARS, THENGUMTHARAYIL VEEDU, VALANCHUZHI, PATHANAMTHITTA VILLAGE, KOZENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI. V. SETHUNATH RESPONDENTS / RESPONDENT : ---------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA DIST. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 & R2 BY PUBLIC PROSECUTOR SMT. R. REMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 3542 of 2011() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE 1: THE TRUE COPY OF THE ORDER JFMC NO.1, PATHANAMTHITTA IN CMP 449/2011 IN CRIME 339/2011 OF PATHANAMTHITTA POLICE STATION. ANNEXURE 2: THE TRUE COPY OF THE RC PARTICULARS OF THE VEHICLE NO. KL-03-U-937. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.A. TO JUDGE Mn N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3542 of 2011 ----------------------------------- Dated this the 25th day of October 2011 O R D E R An autorickshaw was seized by the police in the course of investigation in Crime No.339/2011 of Pathanamthitta Police Station. The offences charged against the accused include the offence under Sec.376 IPC. The petitioner who claims to be the RC owner of the autorickshaw filed a petition under Sec.451 Cr.P.C. for getting interim release of the said vehicle. It was dismissed by the learned Magistrate stating that if the vehicle is released now it will adversely affect the investigation of the case. 2. The learned counsel for the petitioner submits that simply because some persons had travelled in that autorickshaw, the autorickshaw need not be indefinitely retained in the police station exposing it to sun and rain. The learned Public Prosecutor submits that no forensic or Crl.M.C. No.3542 of 2011 -: 2 :- any other test remains to be conducted with respect to the autorickshaw. Hence this Crl.M.C. is disposed of in the following lines :- (i)The autorickshaw bearing No.KL-03-U-937 shall be released to the petitioner on production of the RC and other vehicular documents and on his executing a bond for Rs.40,000/- or furnishing a security to the tune of Rs.40,000/- for which the petitioner will produce the original title deed of his property and recent basic tax receipt. (ii)The petitioner will also undertake that he will produce the autorickshaw before the court as and when so directed. N.K.BALAKRISHNAN, JUDGE. Jvt