IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 Crl.Rev.Pet.No. 371 of 2009() ----------------------------- CMP.3613/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI .................... REVN. PETITIONER/PETITIONER -------------------------------- SAINUDHEEN, S/O.USMAN, THAZHATHETHIL VEEDU, KANAYAM, SHORNUR, PALAKKAD DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT/ RESPONDENT: -------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PATTAMBI POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SRI. P.R. JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 05/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR,J. ------------------------------------------------- CRL.R.P.No.371 OF 2009 -------------------------------------------------- Dated this the 5th day of February, 2009 O R D E R Revision petitioner is challenging the order of Judicial First Class Magistrate, Pattambi dismissing CMP 3613 of 2008 filed by him under section 457 of Code of Criminal Procedure for interim custody of mini lorry KL-9/D-9995 which was seized by the police for illicit transportation of river sand. Learned Magistrate dismissed the application for the reason that if released, the vehicle would be again used for the same purpose. 2. Learned counsel appearing for revision petitioner submitted that when learned Magistrate is empowered to grant interim custody, the vehicle should not have been allowed to be got damaged by exposing it in the sun and rain and in such circumstances on conditions the vehicle is to be released. 3. Learned Public Prosecutor, on instructions, submitted that though the vehicle was not involved in illegal transportation of river sand earlier, if released, it would be used again for the purpose. CRRP 371/2009 2 4. When the learned Magistrate is empowered to grant interim custody, the vehicle could have been granted on interim custody on sufficient conditions. In such circumstances Judicial First Class Magistrate, Pattambi is directed to grant interim custody of the mini lorry KL-9/D-9995 on the revision petitioner establishing his ownership on the following conditions: (1) Revision petitioner shall execute a bond for Rs.1,00,000/- with two solvent sureties for the like sum undertaking not to transfer the vehicle and not to use the vehicle for illegal transportation of river sand and also to produce the vehicle as and when directed by the District Collector or the Magistrate. (2) Petitioner shall also deposit Rs.25,000/- before the Magistrate. (3) Petitioner shall establish his ownership over the vehicle. M. SASIDHARAN NAMBIAR, JUDGE okb