IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 Crl.Rev.Pet.No. 3916 OF 2008() ------------------------------ CMP.3361/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED: --------------------- LAJIN.N.V., S/O.VELAYUDHAN 1/302, NURUKKUPARAMBIL HOUSE, KALLADATHUR POST, KAPPUR PALAKKAD. BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENT(S)/RESPONDENT/COMPLAINANT: --------------- STATE OF KERALA, REP. BY THE S.I. OF POLICE, TRITHALA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI. P. RAVEENDRA BABU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------ CRL.R.P. NO. 3916 OF 2008 ------------------------------------------ Dated this the 11th day of December, 2008 O R D E R Revision petitioner is challenging the order of Judicial First Class Magistrate, Pattambi in C.M.P.3361 of 2008, an application filed under section 457 of Code of Criminal Procedure for interim custody of autorikshaw KL-52/6804, which was seized for illegal transportation of river sand. The learned Magistrate dismissed the application, after hearing the revision petitioner and the Prosecutor, on the ground that if the vehicle is released, there is every chance to repeat the offence. 2. Learned counsel appearing for revision petitioner and learned Public Prosecutor were heard. 3. There is no case for the Sub Inspector of police that the autorikshaw KL-52/6804 was used earlier for illegal transportation of river sand. It cannot be disputed that an interim custody of the vehicle under section 457 of C.R.P.C. could be granted by the learned Magistrate even though the vehicle was seized for illegal transportation of river sand. No purpose will be served by retaining the vehicle till a final order CRRP 3916/2008 2 is passed by the District Collector. 4. In such circumstances, Judicial First Class Magistrate, Pattambi is directed to grant interim custody of the vehicle to revision petitioner, the R.C. owner of the vehicle, on the following conditions:- Revision petitioner shall deposit Rs.15,000/- before the Magistrate and execute a bond with two solvent sureties for the said sum undertaking not to transfer the vehicle and not to use the vehicle for transportation of river sand legal or illegal and also undertaking to make available the vehicle before the District Collector as and when called for. Revision petition is disposed of accordingly. M. SASIDHARAN NAMBIAR, JUDGE Okb/-