IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 30TH APRIL 2010 / 10TH VAISAKHA 1932 Crl.MC.No. 1497 of 2010() ----------------------------------- CRIME NO.1042/2010 OF CENTRAL POLICE STATION, ERNAKULAM. ........ PETITIONER(S): ----------------------- ABDUL LATEEF.V.K, AGED 48 YEARS, S/O. KHADER, 2/427, VATTAKATTU HOUSE, PERINGALA P.O., KUMARAPURAM, PERUMBAVOOR. BY ADV. SRI.S.RAJEEV RESPONDENT(S): -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,(CRIME NO. 1042/2010 OF CENTRAL POLICE STATION, ERNAKULAM). BY PUBLIC PROSECUTOR SMT.K.MEERA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1497 of 2010 --------------------------------------- Dated this 30th day of April, 2010 ORDER Petitioner is the registered owner of a Stage Carriage Bus which is allegedly involved in Crime No.1042 of 2010 of Central Police Station. It is alleged that the conductor employed by the petitioner assaulted a women passenger in the bus. The bus was taken to custody on 16-04-2010. Following that, petitioner filed C.M.P.No.762 of 2010 in the court of learned Judicial First Class Magistrate-II, Ernakulam for interim release of the vehicle. But, that petition was dismissed by Annexure-A5, order stating that since petitioner did not produce the relevant vehicular documents, investigating agency could not complete the investigation and hence petition is not ripe for consideration at that stage. That order is under challenge in this petition under section 482 of the Code of Criminal Procedure. Learned counsel for petitioner submits that petitioner produced all relevant documents before the police and the court concerned but the same were not taken into account . The accused has already been arrested and released on bail and hence it is not necessary to keep the bus again in custody which would result in loss to the petitioner. Learned Public Crl.M.C.No.1497 of 2010 : 2 : Prosecutor submits that petitioner has to produce the relevant documents before the investigating officer for completion of investigation. 2. As the situation now stands, it is not necessary to keep the vehicle in custody any further. At the same time release of the vehicle cannot affect the investigation of the case. Petitioner has to produce the relevant documents before the investigating officer. In the circumstances I am inclined to allow the petition and order interim release of the vehicle concerned to the petitioner subject to conditions. Resultantly the petition is allowed. The impugned order on C.M.P.No.762 of 2010 is set aside and that petition will stand allowed. The vehicle involved will be released to the petitioner on interim custody subject to the following conditions: (i)Petitioner shall not transfer, encumber or dismantle the vehicle until disposal of the case. (ii)Petitioner shall produce the vehicle before the court concerned or the investigating officer as and when required for the purpose of trial or investigation as the case may be. (iii)Petitioner shall employ in the vehicle only persons duly licensed for the purpose during the pendancy of Crl.M.C.No.1497 of 2010 : 3 : the case. (iv)Petitioner shall produce the trip sheet of the vehicle on the relevant day, RC book, insurance policy/certificate and valid tax receipt during the relevant time before the investigating officer withing ten (10) days from this day. (v)Petitioner shall execute bond for Rs.10,00,000/- (Rupees Ten Lakhs Only) with two sureties for the like sum each to the satisfaction of the learned Magistrate undertaking to comply as above and to produce the vehicle as and when required by the court concerned or the investigating officer as the case may be. On compliance of the condition Nos.IV and V learned Magistrate shall release the vehicle to the petitioner. (THOMAS P JOSEPH, JUDGE) Sbna/-