IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 Crl.MC.No. 313 of 2009(B) ------------------------------------ CMP.NO.12474/2008 IN LP.45/2005 FROM CP.3/2005/2007OF JUDL. MAGISTRATE OF FIRST CLASS COURT-II, NEYYATTINKARA. .................... PETITIONER: ------------------- WILFER RAJ, AGED 26, S/O.DEVADASAN, MYLADY VEEDU, MYLADY, KULATHOOR DESOM, KULATHOOR VILLAGE. BY ADVS. MR.SASTHAMANGALAM S. AJITHKUMAR MR. MADAVILAKOM G.VENUGOPAL. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. VIJAYAN, S/O.GABRIYEL, V.R.BHAVAN, KUTTAN THURANNAVILA, KULATHOOR DESOM, KULATHOOR VILLAGE. *ADDL.R3. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM, COLLECTORATE, THIRUVANANTHAPURAM. *IS IMPLEADED AS ADDITIONAL THIRD RESPONDENT AS PER ORDER DATED 30/01/09 IN CRL.M.A. NO. 626/09 IN CRL.M.C. 313/09. BY PUBLIC PROSECUTOR MR. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 313 OF 2009 = = = = = = = = = = = = = = = Dated this the 16th day of February, 2009. O R D E R This petition is filed to set aside the order of the Judicial First Class Magistrate-II, Neyyattinkara and issue appropriate directions to the State Government to dispose of the properties of the first accused which had been attached as per Section 83 of the Code of Criminal Procedure. The learned Magistrate has held that the property is under the absolute control of the Government and therefore it is for the Government to deal with the property and not the Court. I am afraid such a finding may not be correct for the reason that it is in the light of the Court's order an attachment is effected and that attachment will bring the property into the custody of the Court. Therefore some orders may be necessary to be passed by the Magistrate for further proceedings. What is the normal procedure adopted etc. can be considered by the Court and therefore I set aside the order passed in CMP 12474/08 in LP 45/05 CRL.M.C. 313 OF 2009 -:2:- and direct the learned Judicial First Class Magistrate-II, Neyyattinkara to consider afresh that application after hearing all concerned and pass appropriate orders. The CRL.M.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-