IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 Crl.MC.No. 543 of 2009() ------------------------------------- CRMP.12932/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD. CRIME NO.636/2008 OF PAVARATTY POLICE STATION. .................... PETITIONER(S): PETITIONER/OWNER OF THE VEHICLE ---------------------- AIBIN JOY, SON OF PADAMATTUMMAL JOY, PUTHENVELIKKARA VILLAGE, DESOM, PARAVOOR, BY ADV. MR.V.V.JOY RESPONDENT(S): STATE ----------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COUR OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 543 OF 2009 --------------------------------- Dated this the 16th day of February, 2009 O R D E R This application is filed to quash Annexure A order in Crl.M.P. 12932/2008 of the Judicial First Class Magistrate Court, Chavakkad. The prayer was to get release of a vehicle bearing registration No. KL 42-1444 involved in Crime No. 636/2008 of Pavaratty Police Station which takes in an offence under Section 302 of the IPC as well. The main objection was with respect to the incompletion of the examination of the vehicle by a scientific expert. The trial court held that being a very important piece of evidence at that stage it may not be possible to release. Other grounds are not considered. I am informed now that the examination by the expert is over. Therefore I direct the petitioner to move a fresh application before the Judicial First Class Magistrate Court, Chavakkad for consideration of the release of the vehicle and let it be disposed of in accordance with law after hearing all concerned. Let the hearing be completed within a period of atleast 10 days from the date of filing of the application. M.N. KRISHNAN,JUDGE vkm