IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 Crl.MC.No. 2682 of 2009 ------------------------------- CMP.322/2009 of JUDL.FIRST CLASS MAGISTRATE COURT, KOTHAMANGALAM (CRIME NO.66/2009 OF KOTHAMANGALAM POLICE STATION) ......................................... PETITIONER(S): --------------------- ALEX ABRAHAM, S/O.ABRAHAM, 4/105,EVANICKAL HOUSE,POTHANICADU, KOTHAMANGALAM REPRESENTED BY THE POWER OF ATTORNEY HOLDER VIMAL EDWARD, AGED 27 YEARS, S/O.M.V.EDWARD, MUKKATHU HOUSE, AIYANA P.O.,MUVATTUPUZHA. BY ADV. SRI.ARUN PETER CHETTIYATT SRI.SAJIV.C.K. RESPONDENT(S): ----------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.2682 OF 2009 =========================== Dated this the 9th day of September,2009 ORDER Car bearing reg. No.KL-09/M-5900 was seized by the police in Crime 660/2009 of Kothamangalam Police Station. Petitioner filed CMP 322/2009 under section 451 of Code of Criminal Procedure for interim custody of the vehicle. Under Annexure A3 order learned Magistrate dismissed the petition for the reason that the report submitted by the Circle Inspector shows that the car is involved in the Bangalore Bomb Blast and the case is being investigated by the Central Intelligance Agencies. This petition is filed under section 482 of the Code of Criminal Procedure to quash Annexure A3 order. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. The learned Public Prosecutor submitted that though when the petition was heard by the learned Magistrate it is reported that the car was involved in Bangalore Bomb blast, revealed that it was not involved in the said case. Crl.M.C.2682/2009 2 In such circumstance, Annexure A3 order is quashed. Judicial First Class Magistrate, Kothamangalam is directed to reconsider CMP 322/2009 and pass appropriate orders in accordance with law. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006