IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 Crl.Rev.Pet.No. 4591 of 2007(D) ------------------------------- CMP.5477/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR .................... REVN. PETITIONER: PETITIONER ------------------------------------ AZEEZ @ UMMER FAROOQUE, S/O. MOHAMMED, VALIYAPARAMBIL HOUSE, P.O.PERUNTHALLOOR, VETTAM PALLIPRAM AMSOM, PERUNTHALLOOR DESOM, TIRUR TALUK, MALAPPURAM. BY ADV. SRI.C.V.MANUVILSAN SRI.P.K.KHALEEMUDHEEN SRI.P.C.ANIL KUMAR SRI.DARSAN SOMANATH RESPONDENT: RESPONDENT -------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, TIRUR, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ====================================== CRL.R.P. NO.4591 OF 2007 ====================================== Dated this the 3rd day of June 2008 ORDER Petitioner, who is the registered owner of a mini lorry, bearing Reg.No.KL-12/4325, which was involved in Crime No.1259/2007 of Tirur Police Station registered under the provisions of the Mines & Minerals (Development & Regulation) Act, 1957, moved the Magistrate under Section 457 Cr.P.C. for interim custody of the lorry. The said application filed as CMP 5477/2007 was dismissed by the Magistrate as per the impugned order dated 7.12.2007. 2. In the light of the decision of this Court reported in Ahammed kutty and others v State of Kerala and others - 2008(1) KHC 868, the view taken by the Magistrate is unsustainable. Accordingly, the impugned order is set aside and CMP 5477/2007 shall be restored to file and disposed of, in accordance with the above decision. V.RAMKUMAR, JUDGE css/