IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 Crl.MC.No. 1179 of 2009() ------------------------- AGAINST THE ORDER DATED 15/01/2009 IN CMP. 5701 /2008 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM IN CRIME NO. 289/08 OF PETTAH POLICE STATION .................... PETITIONER(S): --------------- SANTHOSH, S/O.RAJU, T.C.13/778, THOTTUVARAMBIL VEEDU, THEKKUMMOODU, PATTOM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.SHAJIN S.HAMEED RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/04/2009, ALONG WITH CRL.M.C. 1189/09, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 1179 OF 2009 & CRL.M.C.No. 1189 OF 2009 --------------------------------- Dated this the 6th day of April, 2009 O R D E R Crl.M.C. 1179/2009 is preferred against the order in C.M.P. 5701/08 and the other is against the order in C.M.P. 5702/08 of the Addl. Chief Judicial Magistrate Court, Thiruvananthapuram. The petitions are filed under Section 451 of the Crl.P.C and the vehicle involved with C.M.P.5701/08 is a motor bike bearing registration No. KL 01 AQ 4306 and in the other case it is a Maheendra Scorpio car bearing registration No. KL 01 AP 2740. The offences involved are under Section 5 of the Explosive Substance Act and Section 27 of the Arms Act. It is also seen that the accused were released after under going detention under Goonda Act. I am informed that the custody of the vehicle with the Investigating Agency is necessary till the receipt of report from the Forensic Science Laboratory. The court below had taken into consideration those aspects and had dismissed both the claim applications. Now the learned prosecutor on instructions Crl.M.C. 1179/09 & Crl.M.C. 1189/09 -2- would submit that the vehicle can be released on stringent conditions, which are the conditions to be imposed after decision by the court below. Therefore I set aside the order in both cases and sent it back to the court below with a direction to consider the release of the vehicle on imposition of stringent conditions. Even if the regular court is not sitting, the additional court which is in-charge shall take up the matter and pass appropriate orders. The Crl.M.C is disposed of accordingly. M.N. KRISHNAN, JUDGE vkm