IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933 OP(Crl.).No. 4097 of 2011(Q) ----------------------------------- STC.6710/2011 of JUDICIAL FIRST CLASS MAGISTRATE COURT-III (MOBILE), KANNUR .................... PETITIONER --------------- MUHAMMED KUNHI KAPPIL, S/O.ABDUL RAHIMAN HAJI, AGED 27 YEARS, RABIYA MANZIL, UDUMA P.O., KAPPIL DESOM, UDUMA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT, 44, KALOOR, KOCHI, ERNAKULAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): --------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM - 682031. BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 19/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P.(CR). NO. 4097/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT NO.III, KANNUR DATED 06/07/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs N.K.BALAKRISHNAN, J. -------------------------------- O.P.(Crl.) No.4097 of 2011 ------------------------------------ Dated this the 19th day of December 2011 J U D G M E N T Learned counsel for the petitioner submits that the petitioner is the RC owner of a Mercedes Benz Limos Car bearing No.G.J.15-K-6787. Learned counsel submits that the vehicle was seized by the police as per the direction of the learned Magistrate (Mobile Court), Kannur on 6.7.2011. At that particular point of time, the driver of the vehicle was not having the vehicular documents. But the learned counsel for the petitioner submits that on the very same date, all the documents were produced before J.F.C.M.-III, Kannur. But no order has been passed with regard to the release of the vehicle. According to the learned counsel, to the best of his knowledge, no offence was committed except that the vehicular documents were not produced. Whatever that be, the learned Magistrate is expected to pass an order O.P.(Crl.) No.4097 of 2011 -: 2 :- with regard to the release of the vehicle. The petitioner contends that as of now, no offence was reported to have been committed by or in respect of the vehicle. 2. Whatever that be, the learned Magistrate will dispose of the application for release of the vehicle within 10 days from the date of receipt of a copy of this order. The learned Magistrate can ensure that all the vehicular documents are produced by the petitioner and can also impose other conditions if required. This original petition is disposed of as above. N.K.BALAKRISHNAN, JUDGE. Jvt