IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 Crl.MC.No. 781 of 2008() ------------------------ CMP.6093/2007 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOZHIKODE .................... PETITIONER: ------------ M.UMMER, AGED 55 YEARS, S/O.MUHAMMED, SHAMIYAS, MUDANGALITHAZHEPARAMBU, PANNIYANKARA AMSOM DESOM, KOZHIKODE - 673 003. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 781 of 2008 * * * * * * * * * * * * * * * * * * Dated: 06-03-2008 ORDER The petitioner who claims to be the registered owner of a Scorpio Car bearing Reg. No. KL-11-U-7669 involved in Crime No. 256 of 2007 of Town Police Station, Kozhikode, for offences punishable under Sections 143, 147, 363, 342 and 323 read with Sec. 149 I.P.C. challenges Annexure IV order dated 1-1-2008 in C.M. P. No. 6093 of 2007 passed by the Magistrate dismissing the petitioner's application for interim custody sought under Sec. 451 Cr.P.C. 2. The learned Magistrate dismissed the application in view of the fact that the involvement of the petitioner though not made an accused in the case yet, is being investigated and that it was alleged that the petitioner used to hire the vehicle for illegal activities for making profit. The Magistrate was also of the view that the vehicle cannot be released on interim custody at this stage of investigation. 3. The Magistrate is fully justified in dismissing the petition. In case the complicity and antecedents of the petitioner is revealed by the investigation and the allegation prima facie made is true, then there is the possibility of the vehicle again being used for illicit -:2:- activities. If, on the other hand, the suspicion regarding involvement of the petitioner and the vehicle is unfounded, then the vehicle would be released on interim custody in the light of the decision of the Apex Court reported in Sunderbhai Ambalal Desai v. State of Gujrat - 2003 (2) KLT 1089 (SC). This Crl. M.C. is dismissed without prejudice to the right of the petitioner to move for interim custody again in case the investigation does not strengthen the suspicion regarding the involvement of the petitioner in the criminal activity with regard to the vehicle in question . V. RAMKUMAR, (JUDGE) ani.