IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 Crl.MC.No. 84 of 2008() ----------------------- CRMP.15529/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHALAKUDY CRIME NO. 513/2007 of CHALAKUDY POLICE STATION .................... PETITIONER: ------------ MANOJ, S/O.DEVASSYKUTTY, VADAKKUMCHERY HOUSE, WEST CHALAKUDY, MUNJELY. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENTS: ------------- STATE, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE S.H.O., CHALAKUDY. BY ADV. SRI. NOBLE MATHEW, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 84 of 2008 ========================== Dated this the 18th day of January, 2008. ORDER The petitioner, who is the owner of an autorickshaw bearing Registration No.KL-8-V-5228 involved in crime No. 513/2007 of Chalakudy Police Station for an offence punishable under Section 302 IPC, challenges Annexure A order dated 01.01.2008 passed by the Judicial First Class Magistrate, Chalakudy dismissing the application (Crl. M.P. No. 15529/2007) filed by him under Section 451 Cr.P.C seeking interim custody of the autorickshaw. The role of the autorickshaw in the murder case is only that it was driven by A3 to bring the deceased to the scene of occurrence. The learned Public Prosecutor submitted that the investigational requirements of the vehicle are over. If so, in the light of the decision reported in 2002(10) SCC 283- Sunderbhai Ambalal Desai v. State of Gujarat, I see no reason as to why the autorickshaw in question should continue to remain idle in the precincts of the Chalakudy Police Station exposed to the sun and rain. Accordingly, Crl. M.P. No. 15529/2007 filed by the CRL. M.C. NO. 84/2008 : 2 : petitioner before the Magistrate shall stand allowed and the autorickshaw in question shall be released on interim custody to the petitioner on his executing a bond for Rs.50000/- with two solvent sureties and subject to appropriate conditions including the following:- 1. The autorickshaw shall not be transferred wholly or in part to any other person. 2. The autorickshaw shall not be permitted to be used for any illicit purpose. 3. The autorickshaw shall be produced as and when required by the Magistrate. 4. The release of the autorickshaw on interim custody shall be subject to final orders to be passed by the Magistrate. V. RAMKUMAR, JUDGE. rv CRL. M.C. NO. 84/2008 : 3 :