IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 Crl.MC.No. 310 of 2009() ------------------------ CRIME NO.50/06 OF MUNNAR POLICE STATION PETITIONER(S): --------------- VIJAYA, W/O.ARUMUGHARAJ, 1011/8, LAKHMY KARA, K D H VILLAGE, MUNNAR, IDUKKI DISTRICT. BY ADV. SRI.C.S.SUNIL RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, MUNNAR POLICE STATION, IDUKKI. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 310 of 2009 ------------------------------------------------- Dated this the 23rd day of January, 2009 ORDER The petitioner – a woman, is the owner of a jeep bearing registration No.KL-O-9602. The said vehicle was seized by the police in the course of investigation in Crime No.50/06 of the Munnar Police Station registered, inter alia, under Sec.308 IPC. The petitioner applied for release of that vehicle. The prayer was rejected by the impugned order by the learned Magistrate, inter alia, on the ground that the offence alleged is very serious and the petitioner has not produced any documents evidencing ownership. 2. The learned counsel for the petitioner submits that the vehicle has no nexus with the commission of the crime and that the seizure of the vehicle is totally unjustified. The learned counsel for the petitioner submits that the petitioner shall Crl.M.C. No. 310 of 2009 -: 2 :- produce the requisite documents to prove the ownership of the vehicle. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor, after taking instructions, submits that the State has no objection against the release of the vehicle to the petitioner. The only connection between the vehicle and the crime is that the accused persons travelled in the vehicle to reach the scene of the crime. No other connection is established. Investigation is now complete. Final report has already been filed. State has no objection against the release of the vehicle to the petitioner subject to appropriate conditions. 4. I am satisfied that the vehicle can now be released to the petitioner subject to appropriate conditions. In the absence of opposition from the learned Public Prosecutor, it is not necessary for me to advert to the facts in any greater detail in this order. 5. In the result: (a) This Crl.M.C. is allowed. (b) The impugned order is set aside. (c) The vehicle in question shall be released to the petitioner on condition that: (i) she produces all documents to show that she is the Crl.M.C. No. 310 of 2009 -: 3 :- owner entitled to possession of the vehicle. (ii) she executes a bond without sureties for such amount as provisionally assessed by the learned Magistrate to be the value of the vehicle undertaking to produce the vehicle as and when directed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge