IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 Crl.MC.No. 3434 of 2011() ------------------------------------- LP.NO.108/2007 IN CC.1142/2002 of JUDL.MAGISTRATE OF FIRST CLASS-III, KOTTAYAM ............................. PETITIONER(S): -------------------------- M/S.INDUS IND BANK LTD.,(FORMERLY ASHOK LEYLAND FINANCE)(VEHICLE FINANCE DIVISION) 'RAMA BHAVAN'',XXVI,PARUTHELI PALAM,TOLL JUNCTION, EDAPPALLY,KOCHI- 682 024,REPRESENTED BY ITS LEGAL EXECUTIVE PARTHEESH.S. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): STATE & COMPLAINANT ---------------------------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM,PIN- 682 031. 2. SUB INSPECTOR OF POLICE,MANARKAD, KOTTAYAM DISTRICT,PIN -686 001. R1 & R2 BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/11/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts Crl.MC.No. 3434 of 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX 1 COPY OF THE RELEASE ORDER ISSUED BY THE CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM DIRECTING RELEASE OF VEHICLE NO.KL-7R-2615. ANNEX II COPY OF THE PETITION FILED UNDER SECTION 452/457 OF THE CRIMINAL PROCEDURE CODE IN L.P.NO.108/2007 IN CC NO.1142/2002 BEFORE THE JFCM COURT-III,KOTTAYAM. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3434 of 2011 ----------------------------------- Dated this the 4th day of November 2011 O R D E R The petitioner-financier has filed this petition so as to have a final disposal with regard to the goods vehicle bearing Reg.No.KL-7R-2615. That vehicle was seized by the police and pursuant to an application filed by the petitioner the vehicle was given interim custody to him by CJM Court, Kollam. Subsequently, since the offence was stated to have been committed within the jurisdiction of J.F.C.M.-III, Kottayam, the case was transferred to that court. It is now reported to be pending before that court as C.C.No.1142/2002. 2. The learned counsel for the petitioner submits that as the accused is absconding, the case is now transferred to the register of long pending cases. It is now pending as L.P.No.108/2007. The petitioner contends that Crl.M.C. No.3434 of 2011 -: 2 :- it was about 9 years back the vehicle was given interim custody to the petitioner/financier. As it was given custody under Sec.451 Cr.P.C., the petitioner is finding it difficult to dispose of the vehicle or to deal otherwise with the said vehicle. It is also submitted that the de facto complainant in that case has expired. It is also pointed out that nobody has come forward to claim possession of the vehicle. Taking note of all these aspects, this Crl.M.C. is disposed of with the following direction:- The learned J.F.C.M.-III, Kottayam will pass an order of final disposal of the vehicle mentioned above after issuing notice to the legal heirs of the de facto complainant. N.K.BALAKRISHNAN, JUDGE. Jvt