IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 Crl.MC.No. 3502 of 2010(C) -------------------------------------- [CMP.NO.3977/2010 OF JUDL. MAGISTRATE OF FIRST CLASS-I, KUNNAMANGALAM, CRIME NO.301/2010 OF KUNNAMANGALAM POLICE STATION] .................... PETITIONER/PETITIONER IN C.M.P: --------------------------------------------------- ABU C.K., S/O.IMBICHI KOYA, 7/162, CHERUPPUKALATHIL HOUSE, KUNNAMANGALAM P.O,., KOZHIKODE DISTRICT, PIN-673 571. BY ADV. SRI.PRAVEEN.H. RESPONDENTS/STATE & COMPLAINANT: ------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031. 2. SUB INSPECTOR OF POLICE, KUNNAMANGALAM PIN-673 571, KOZHIKODE DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.3502 OF 2010 =========================== Dated this the 23rd day of September,2010 ORDER Lorry KA-01D-1409 along with three other vehicles were seized in Crime No.301/2010 of Kunnamangalam Police Station registered for the offences under sections 468, 473 and 482 of Indian Penal Code. Petitioner filed CMP 4466/2010 under section 451 of Code of Criminal Procedure, for interim custody of the vehicle contending that the vehicle belongs to him as he is the registered owner and there was no tampering of the engine number or chasis number of the vehicle as seen from the report of the Motor Vehicles Inspector and for the reason that another vehicle was having the same registration number, the vehicle of the petitioner cannot be detained in open air and even causing damage to the vehicle and Crl.M.C.3502/2010 2 therefore interim custody is to be granted. Learned Magistrate by Annexure VI order dismissed the application accepting the submission of the prosecutor that out of four lorries seized, two lorries are having the same registration number KA- 01D-1409 and on inspection it was found that attempts were made to erase the chasis and engine numbers of one of the lorry and proper investigation is to be conducted and for the purpose of investigation information is to be received from Regional Transport Office, Karnataka regarding th Registration Certificate and so also evidence of scientific expert is necessary and therefore interim custody may not be granted. This petition is filed under section 482 of the Code of Criminal Procedure to quash Annexure VI order. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. Learned Public Prosecutor has also made available the Case Diary. 3. The Case Diary reveals that though out of Crl.M.C.3502/2010 3 four vehicles seized, two lorries are having the same registration No.KA-01D-1409 tampering of engine and chasis number was found only in one vehicle and that is admittedly not the vehicle sought to be released by the petitioner by filing CMP 4466/2010. Learned counsel appearing for the petitioner pointed out that Annexure IV report of inspection submitted by the Assistant Motor Vehicle inspector, Koduvally shows that there was no tampering of engine and chasis number of the vehicle and the registration mark as correctly exhibited in the lorry. Annexure IV shows that the engine number and chasis number correspondent to the chasis number and engine number seen in Annexure I, the extract of B-register maintained by Regional Transport Office, Bangalore. In the light of these facts, I find it not in the interest of justice to detain the lorry further. Interim custody could be granted on sufficient conditions. 4. Petition is allowed. Judicial First Class Magistrate, Kunnamangalam is directed to grant interim custody of the vehicle to the petitioner as Crl.M.C.3502/2010 4 sought for in CMP 4466/2010, on the following conditions:- 1.Petitioner shall furnish a bank guarantee for rupees four lakhs and also on executing a bond for rupees three lakhs with two solvent sureties for the like sum to the satisfaction of the learned Magistrate. 2. Petitioner shall not tamper with the engine number or chasis number or dismantle the lorry and shall produce the lorry as and when required before the Investigating officer. 3. Petitioner shall not transfer the vehicle and shall produce the vehicle before the court, as and when required. 4. Petitioner shall produce an Crl.M.C.3502/2010 5 authenticated copy of the registration certificate before the Magistrate. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006