IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 Crl.Rev.Pet.No. 2131 of 2010() ------------------------------ CMP.1714/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT, ADIMALI (CRIME NO.477/10) .................... REVN. PETITIONER: APPELLANT/ACCUSED -------------------------------------- G.MOHANAKUMARAN NAIR, AGED 65 YEARS, S/O.GOVINDA PILLAI, T.C.19/2089 "GREESHMAM", MUDAVANMUGAL KARA, THIRUMALA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENT: COMPLAINANT ------------------ STATE OF KERALA, REP. BY CIRCLE INSPECTOR OF POLICE, ADIMALY, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI VENUGOPAL M.R. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl. R.P.No.2131 of 2010 ---------------------------------------- Dated 11th Day of August , 2010 ORDER This Crl.Revision Petition is preferred against the order dated 3.7.2010 in C.M.P. No.1714/2010 in crime No.477/10 of Adimaly police station, pending before the court of the Judicial Magistrate of the I Class, Adimaly. The revision petitioner is the father and power of attorney holder of the registered owner of the vehicle namely Mahindra Bolero with registration No. KL- 01/AX-3334 involved in crime No.477/2010 for the offence under section 395 of IPC of the above police station. 2. The allegation against the accused in the above crime is that on 22.6.2010 at 1.45 p.m. at Kallar Kara, the accused , six in numbers came in the said vehicle through the NH 49 and at that time the de facto complainant, a lady by name Mariam aged 73 years was awaiting bus at the road and the vehicle stopped near to her and 5 accused came out of the vehicle, surrounded her and A1 snatched the gold chain weighing 2 ¾ sovereigns from her body voluntarily causing hurt to her and thereafter the accused fled from there in the said vehicle. Thus, CRL.R.P. 2131/10 -:2:- according to the police, the accused have committed the offence punishable under section 395 IPC. As part of the investigation, the said vehicle was seized by the police. 3. According to the petitioner, on knowing the seizure of the vehicle, he approached the trial court by preferring a petition ie., C.M.P.No.1714/2010 under section 451 Cr.P.C. for the interim custody of the vehicle. The learned Magistrate by the impugned order, dismissed the petition rejecting the prayer of the revision petitioner . Hence, this Crl.Revison Petition. 4. As directed by this Court, after getting instruction, the learned Public Prosecutor submitted that no previous crime is pending against the driver of the vehicle and the present vehicle is not involved in any previous crime. 5. The learned counsel for the revision petitioner submitted that the vehicle was using for personal purpose in and around Thiruvananthapuram and the driver of the vehicle requested the vehicle for taking to Mookambika and thus the vehicle was allowed to be taken by the driver to go to Mookambika and subsequently, it came to know that the vehicle involved in this case. In the absence CRL.R.P. 2131/10 -:3:- of any allegation from the side of the police against the vehicle and particularly, no allegation against the driver of the vehicle that he had involved in any previous crime, I am of the view that the vehicle can be ordered to be released as an interim measure in favour of the revision petitioner by fixing appropriate conditions. In the result, this Crl.R.P. is disposed of setting aside the order dated 3.7.2010 in CMP No.1714/10 of the court of Judicial First Class Magistrate, Adimaly and the Magistrate is directed to release the vehicle in favour of the revision petitioner by imposing appropriate conditions, subject to the satisfaction of the learned Magistrate. V.K.MOHANAN, JUDGE. kvm/-