IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 Crl.MC.No. 3541 of 2009() ------------------------------------ CMP. NO.4069/2009 OF THE ADDL. CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM. ............... PETITIONER(S): ----------------------- RAMESH, S/O.UNNI, T.C.21/17, THEKKUMMOODU, PATTOM VILLAGE, THIRUVANANTHAPURAM. BY ADV. MR.SASTHAMANGALAM S. AJITHKUMAR RESPONDENT(S): ------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR MR.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3541 OF 2009 ------------------------------------------ Dated 16th November 2009 O R D E R Mahindra Scorpio car No.KL-01/AP-2740 was seized by the police in crime No.289/2008 of Pettah police station, registered for the offence under Section 5 of Explosives Substance Act and Section 27 of Arms Act. When the petition filed under Section 451 of Code of Criminal Procedure for release of the car, was dismissed by Additional Chief Judicial Magistrate, Thiruvananthapuram, petitioner challenged that order in Crl.M.C.1179/2009. By Annexure-A order, this court set aside the order passed by the learned Magistrate and directed to consider the application afresh, holding that the vehicle could be released by imposing stringent conditions. Vehicle was thereafter released to the petitioner. As R.C book and insurance certificate seized by the police were not released to the petitioner, he filed Annexure-C petition under Section 457 of Code of Criminal Procedure, evidently for the reason that R.C book and insurance certificate were not produced before the court, though they were Crmc 3541/09 2 seized. By Annexure-D order, learned Magistrate dismissed the petition. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-D order. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. When the Magistrate has already released the vehicle to the petitioner, without R.C book and insurance certificate, petitioner cannot ply the vehicle. Learned Magistrate dismissed the petition accepting the statement of the investigation officer that R.C Book and insurance certificate are necessary for the purpose of investigation. If what is necessary is, for the purpose of investigation, investigating officer could retain the photo copies of those records, and return the original to the petitioner. Petition is disposed, quashing Annexure-D order, directing investigating officer to release the R.C.Book and insurance certificate of Mahindra Scorpio car No.KL-01-AP-2740 seized in crime No.289/2008 of Pettah police station after retaining photo copies of the same for investigation purpose. M.SASIDHARAN NAMBIAR, JUDGE. uj.