IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 Crl.MC.No. 2333 of 2009() ----------------------------------- CRIME NO.228/2008 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM. .................... PETITIONER(S): --------------------- SUGANTHI, D/O.VASANTHI KARUNAKARAN, RESIDING AT TC 12/846, BARTON HILL, KUNNUKUZHY, THIRUVANANTHAPURAM, REP. BY HER POWER OF ATTORNEY HOLDER K.HARIKUMAR, S/O.KARUNAKARAN NAIR OF 654 (421 B),"KRISHANAPRIYA", KURAVANKONAM, THIRUVANANTHAPURAM. BY ADV. MR.SUMAN CHAKRAVARTHY SMT.K.R.RIJA RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA 2. THE SI OF POLICE MUSEUM P.S THIRUVANANTHAPURAM. R1 & R2 BY PUBLIC PROSECUTOR MR.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2333 OF 2009 ------------------------------------------ Dated 19th August 2009 O R D E R This petition is filed under Section 482 of Code of Criminal Procedure for a direction to second respondent S.I of police, Museum police station, Thiruvananthapuram to release Maruti Swift car No.KL- 01/AQ-5189 contending that as per Annexure-B order Judicial First Class Magistrate directed to release the vehicle and still Sub Inspector has not released the vehicle. 2. Learned counsel appearing for petitioner and learned Public Prosecutor were heard. 3. Learned counsel appearing for petitioner submitted that as the Public Prosecutor on the last posting day submitted that as directed by the Magistrate petitioner could get released the vehicle from the police station, petitioner approached the Sub Inspector of Police but he directed petitioner to approach the Circle Inspector and on 6/8/2009 even though petitioner approached him the vehicle was not CRMC 2333/09 2 released. Learned Public Prosecutor submitted that if the vehicle is not taken in custody in any other case, under Annexure-B order Sub Inspector of Police has to release the vehicle. 4. Annexure-B official memorandum issued by Judicial First Class Magistrate-III, Thiruvananthapuram dated 28/3/2009 directs the Sub Inspector of Police, Museum police station to release the car, seized in crime No.228/2008 and received by the court as T263/2008 show as Maruti swift car, to the petitioner. Sub Inspector of Police is therefore directed to release the car to the petitioner or to any person authorised by the petitioner on her behalf. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.