IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 Crl.MC.No. 2063 of 2010() ------------------------- AGAINST THE ORDER DATED 02/06/2010 IN CMP831/2010 IN CC.192/2010 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONER(S): COMPLAINANT -------------------------- BHUVANENDRAN,T.C.14/1986,BAKERY JUNCTION THIRUVANANTHAPURAM. BY ADV. SRI.D.KISHORE RESPONDENT(S): STATE AND RESPONDENT ----------------------------------- 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, VANCHIYOOR POLICE STATION,THIRUVANANTHAPURAM DISTRICT. BY P.P.SRI.C.S.HRITICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.2063 of 2010 -------------------------------------- Dated this the 15th day of June, 2010 ORDER Petitioner, who is the 2nd accused in Crime No.109/2010 of Vanchiyoor Police Station and presently pending as C.C.No.192/2010 before the court of the Additional Chief Judicial Magistrate Court, Thiruvananthapuram, challenges Annexure IV order dated 2.6.2010, as per which the learned Magistrate dismissed the application (CMP.No.1931/10) for interim custody filed under Section 451 Cr.P.C of the gas cylinder in question. Apart from the fact that, the learned Magistrate has observed that the petitioner has not produced any reliable material to show that the cylinder in question belongs to him, according to the prosecution the particular cylinder which is before the court was a stolen property seized from the possession of the petitioner. The ownership of the cylinder is a matter, which will have to be decided at the time of the final disposal of the case. Merely because the cylinder was seized from the custody of the petitioner, he cannot have any better claim for interim custody. Hence, I am not inclined to interfere with the order of the trial court. This Criminal M.C is dismissed subject to the final order for custody under section 452 Cr.PC. V.RAMKUMAR, JUDGE dmb