IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH MAY 2009 / 15TH VAISAKHA 1931 Crl.MC.No. 1475 of 2009() ------------------------- CRRP.2/2009 of SESSIONS COURT, KASARAGOD CMP.223/2009 of JUDL. MAGISTRATE OF FIRST CLASS-II, HOSDRUG .................... PETITIONER(S): REVISION PETITIIONER ----------------------------------- SAJAN, AGED 23 YEARS, S/O. THOMAS, VETTIKKATTIL HOUSE, CHOTTAMALA, CHITTARIKKAL VILLAGE, KASARAGOD DISTRICT, KERALA STATE BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): RESPONDENTS -------------------------- 1. SUB INSPECTOR OF POLICE, CHITTARIKKAL, KASARAGOD DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. K.C. SANTHOSH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1475 of 2009 = = = = = = = = = = = = = = Dated this the 5 th day of May, 2009 ORDER The Petitioner, claiming to be the registered owner of a Tata Indica car bearing registration No.KL 5L-7766 and the agreement holder of a Scorpio car bearing Registration No.KL 17B- 2233 which were seized by the Chittarikkal Police in Crime No.22 of 2009, challenges the orders passed by the J.F.C.M-II, Hosdurg as well as the Sessions Judge, Kozhikode refusing interim custody of the vehicles on a claim made by the petitioner under Section 451 Cr.P.C. 2. Heard both sides. 3. Apart from the fact that the order passed by the learned Magistrate was an interlocutory order and therefore not revisable before the Sessions Court, Kozhikode, the investigation thus far conducted shows that the chasis number and the engine number of the vehicles were found to have been Crl.M.C.No.1475 of 2009 2 tampered with and the investigating agency has not so far traced out the true owners of the vehicles. Hence I am not inclined to interfere with the orders passed by the courts below. This Crl.M.C is, accordingly , dismissed. Dated this the 5 th day of May, 2009. V. RAMKUMAR, JUDGE sj