IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 Crl.MC.No. 1076 of 2008() ------------------------- CMP.14502/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM .................... PETITIONER: -------------------- AJITH KUMAR, S/O.SARASAN ACHARY, ASARIVILA VEEDU, THRIKKADAVOOR VILLAGE, KOLLAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENTS: ----------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/03/2008 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1076 of 2008 = = = = = = = = = = = = = = Dated this the 11th day of March, 2008 ORDER The petitioner, who is the accused in Crime No.667/2007 of Traffic Police Station, Kollam for offences punishable under Sections 279 and 304(A) IPC filed an application under Section 451 Cr.P.C before the J.F.C.M-I, Kollam for return of his driving license. The investigation is still at the crime stage. The final report has not been filed yet. The application filed by the petitioner as C.M.P.No.14502 of 2007 was dismissed by the learned Magistrate, in view of the objection raised by the Traffic Police that the petitioner was a reckless driver. 2. The question as to whether the petitioner is a reckless driver or not and whether on the ill fated day he had driven the vehicle in a reckless manner endangering human life is only subjudice and unless and until he is found guilty, he enjoys the presumption of innocence. Under these circumstances, the learned Magistrate was not justified in refusing the interim custody of the driving license. Accordingly, C.M.P.No.14502/2007 shall stand allowed and learned Magistrate shall give the interim custody of the driving license of the petitioner subject to appropriate conditions. V. RAMKUMAR, JUDGE sj