IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU MONDAY, THE 20TH AUGUST 2007 / 29TH SRAVANA 1929 Crl.MC.No. 5184 of 2003() ------------------------- CRMP.10667/2003 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... PETITIONER: RESPONDENT ---------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.AMJAD ALI RESPONDENT: PETITIONER ----------------------- SHIBU, AGED 35 YEARS, S/O. UNNI, KIZHAKKUMKARA HOUSE, KATTUPPURAM, KORATTY. BY ADV. SRI.MATHEWS K.PHILIP THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 20/08/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.R.UDAYABHANU, J ------------------------------------------- Crl.M.C.No.5184 of 2003 ------------------------------------------- Dated this the 20th day of August, 2007 O R D E R The petitioner is the State that has sought for setting aside the order in Crl.M.P.No.10667/03, the petition filed under Section 451 Crl.P.C. and as per which the tanker lorry bearing registration No.KL-8/B 3906 was given interim custody to the respondent. It is seen from the order of the court below that the respondent had no objection before the court below in releasing the vehicle after removing the additional fixtures. In the circumstances, I find no reason to interfere in the order of the court below. The Crl.M.C. is dismissed. K.R.UDAYABHANU, JUDGE csl K.R.UDAYABHANU, J Crl.M.C.No.11683/2002 ORDER 7th August 2007