IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 Crl.MC.No. 1535 of 2008() ------------------------- MP.1014/2008 of JUDL.MAGISTRATE OF FIRST CLASS, PERUMBAVOOR .................... REV.PETITIONER/PETITIONER. ---------------------------------- SHANEESH KUMAR, AGED 29 YEARS, S/O. BALAN, KUNJALATH HOUSE, CHOKLI P.O., EAST PALLOOR, MAHI, KANNUR. BY ADV. SRI.K.ANAND RESPONDENTS: STATE. ------------------- 1. THE RANGE OFFICER, KALADY FOREST RANGE, PALAKKAD. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.M.C. No. 1535 of 2008 ========================== Dated this the 11th day of April, 2008. O R D E R The petitioner, who is the registered owner of a Maruti car bearing registration No. PY 03-5796 involved in Crime No. 3 of 2008 of Kalady Forest Range, challenges Annexure -I order dated 19.03.2008 in M.P. No. 1014 of 2008 on the file of the Judicial First Class Magistrate, Perumbavoor rejecting his application for release of the said car on interim custody. 2. The learned Public Prosecutor, on instructions, submitted that the petitioner is not an accused in the above crime and that there is no objection in granting the prayer of the petitioner. Accordingly, the order dated 19.03.2008 in M.P.No. 1014 of 2008 of the court below so far as it relates to the denial of the interim custody of the said vehicle to the petitioner, shall stand set aside. The vehicle shall be given on interim custody to the petitioner on appropriate conditions including that it shall not be permitted to be used for any illicit purpose and that it shall be produced before court as and when required by the Magistrate. This Crl.M.C. is disposed of as above. V. RAMKUMAR, JUDGE. rv