IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 Crl.MC.No. 1078 of 2009() ------------------------- CMP.608/2009 of JUDL. FIRST CLASS MAGISTRATE COURT -II, ERNAKULAM CRIME NO.1080/2008 OF CHERANELLUR POLICE STATION .................... PETITIONER(S): ACCUSED: ----------------------- MANOJ.T.J., AGED 37 YEARS, S/O.JATHAVEDAN NAMBOODIRI, RESIDING AT HOUSE OF DR.T.J.MATHEW, NEAR VALLATHOL JUNCTION, SEA PORT AIRPORT ROAD, THRIKKAKARA. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE: --------------------------------- 1. SUB INSPECTOR OF POLICE, CHERANELLOOR POLICE STATION. 2. THE ASSISTANT COMMISSIONER OF POLICE, CONTROL ROOM, THEVARA, ERNAKULAM. 3. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/04/2009, ALONG WITH CRL.M.C NO. 1079 OF 2009 CRL.M.C NO. 1084 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- CRL.M.C.Nos. 1078/2009, 1079/2009 & 1084/2009 --------------------------------- Dated this the 6th day of April, 2009 O R D E R All these applications are filed against the orders passed by the Judicial First Class Magistrate Court-II, Ernakulam in C.M.P. 608/2009, C.M.P. 609/2009 and C.M.P. 610/2009. These petitions were filed with a prayer to release the vehicles. The learned Magistrate disposed of those applications with the observation that the Investigating Agency initiated attachment steps against the vehicle, since the vehicle was obtained from the illegal transaction. The learned prosecutor on instruction as per direction given by me had given a copy of the report filed by the Assistant Police Commissioner,Kochi whereby he has prayed for attachment. Under the amended Criminal Procedure Code 105 (C) “Where a Court in India has reasonable grounds to believe that any property obtained by any person is derived or obtained, directly or indirectly, by such person from the commission of an offence, it may make an order of attachment or forfeiture of such property, as it may deem fit under the provisions of Sections 105 CRL.M.C.Nos. 1078/2009, 1079/2009 & 1084/2009 -2- (D) to (J) of the Crl.P.C. The whole matter requires consideration in that ankle and the court had been moved in that direction. Therefore it may be too premature at this stage to release the vehicle. But the right of the petitioners also have to protect and therefore the only way out is to direct the learned Judicial First Class Magistrate-II, Ernakulam to consider and dispose of the application filed by the Assistant Commissioner police, Control Room, Kochi, within a period of two weeks from today. The court shall hear all concerned before passing appropriate orders. The prosecutor is directed to give a copy of this petition to the learned counsel for the petitioner herein and the Registry is directed to send a copy of this order to the concerned Magistrate for necessary compliance. The Magistrate is also directed to verify whether he had received such an application. The Crl.M.Cs are disposed of accordingly. M.N. KRISHNAN, JUDGE vkm