IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 Crl.MC.No. 2540 of 2008() ------------------------- CRIME NO.918/08 OF ANGAMALY POLICE STATION PETITIONER: ------------ K.G.POLLY, S/O.GEORGE, AGED 30 YEARS, BUSINESS, KOIKKARA HOUSE, KUNNUKARA P.O. PIN - 683 524, KUNNUKARA DESOM, KUNNUKARA VILLAGE, PARUR TALUK, ERNAKULAM DISTRICT. (OWNER OF A MINI LORRY BEARING REGISTRATION NO.KL-8-AJ-5824). BY ADV. SRI.P.M.ZIRAJ RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM REPRESENTED BY SUB INSPECTOR OF POLICE, ANGAMALY POLICE STATION. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2540 of 2008 ------------------------------------------------- Dated this the 9th day of July, 2008 ORDER The Officer is present personally. It is reported to this Court by the Officer through the learned Public Prosecutor and confirmed by the learned counsel for the petitioner that the vehicle has now been released to the petitioner. I accept that submission. I am totally dissatisfied with the conduct of the Officer of not releasing the vehicle in spite of a specific memo of release issued by the learned Magistrate. The lame excuse that the vehicle did not have a battery and the police officer wanted the petitioner to get the battery fixed and take the vehicle is to my mind wholly unacceptable. If the battery were not there or the battery was not working, the petitioner can push the vehicle and take it wherever he wants. It is not for the police officer to refuse to comply with the order of the Crl.M.C. No. 2540 of 2008 -: 2 :- learned Magistrate on the ground that the petitioner had not brought the battery using which alone he could start the vehicle and drive it away. 2. I make no secret of my displeasure. But I accept the submission of the learned Public Prosecutor that such instances will not be repeated in future and necessary directions shall be issued to all the officers concerned not to repeat such impertinent conduct on the part of the police officer. I do note that this is the second of similar instances which are being reported to me. I make it clear that no such indulgence will hereafter be shown. 3. This Crl.M.C. is, in these circumstances, dismissed as no further direction appears to be necessary. 4. Hand over a copy of this order to the learned Public Prosecutor. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 2540 of 2008 -: 3 :-