IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 Crl.MC.No. 1990 of 2009() ----------------------------------- CRL.RP.2/2009 OF SESSIONS COURT, KASARGOD ................. PETITIONER/REVISION PETITIONER/CLAIM PETITIONER --------------------------------------------------------------------------------- SAJAN, AGED 23 YEARS, S/O. THOMAS, VETTIKATTIL HOUSE, CHOTTAMALA, CHITTARIKKAL VILLAGE, KASARGOD DISTRICT, KERALA STATE BY ADV. MR.N.K.MOHANLAL RESPONDENTS/RESPONDENTS/RESPONDENTS --------------------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, CHITTARIKKAL, KASARGOD DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR.B. VINOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.1990 of 2009 -------------------------- ORDER A Tata Indica Car bearing Reg.No.KL-5/L 7766 and a Scorpio Car bearing Reg.No.KL-17/B 2233 were seized by Chittarikkal Police in Crime No.22/2009. Petitioner filed C.M.P.No.484/2009 under Section 451 of Code of Criminal Procedure before Judicial First Class Magistrate's Court, Hosdrug for interim custody of the vehicles. Under Annexure-A4 order, learned Magistrate dismissed the petition holding that at this stage vehicles cannot be released to the petitioner. Though petitioner challenged Annexure-A1 order before Sessions Court, Kasargod in Crl.R.P.No.2/2009, under Annexure-A2 order, it was dismissed. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A4 order and to grant interim custody of the vehicles contending that vehicles were lying idle since 9.2.2009. CRMC 1990/09 2 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3.The argument of the learned counsel appearing for the petitioner is that as vehicles are lying idle for the last more than five months, they are to be released to the petitioner. It is submitted that if identity of Chassis of the vehicles are necessary for investigation, photographs of the relevant parts could be taken and vehicles could be released to the petitioner. 4. Learned Public Prosecutor submitted that for the purpose of investigation, vehicles are necessary as, chassis of the vehicles were tampered with and details are to be collected from the manufacturers and then only investigation could be completed and before the said procedures are completed, if vehicles are released, it would adversely affect the investigation. 5. On hearing the learned counsel appearing for the petitioner and learned Public Prosecutor, I CRMC 1990/09 3 find force in the submissions of the Public Prosecutor. But, vehicles cannot be kept idle for a long time so as to cause damages to them. Therefore, the Investigating Officer is directed to take steps immediately and complete the process within two months from today and if not, petitioner is at liberty to seek interim custody of the vehicles. Petition is disposed. 16th July, 2009 (M.Sasidharan Nambiar, Judge) tkv