IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 Crl.MC.No. 3751 of 2007() ------------------------- CRMP.5872/2007 of JUDL.MAGISTRATE OF FIRST CLASS, SASTHAMCOTTA .................... PETITIONER: CLAIM PETITIONER: ------------------------------------------------------ VINOD, S/O.PUSHPARAJ, VINODVILASATHIL VEEDU, OZHUKKUMPARYIL, PARAVOOR TALUK, KOLLAM DISTRICT. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.R.JAYAKRISHNAN RESPONDENTS: STATE: ----------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.3751 of 2007 = = = = = = = = = = = = = = Dated this the 1st day of January, 2008 ORDER The petitioner, who is the sole accused in Crime No.611 of 2007 of Sasthamcotta Police Station for offences punishable under Sections 268,270,277 read with 34 IPC and Section 3(1)of P.D.P.P Act, 1984, filed C.M.P.No.5872 of 2007 before the J.F.C.M, Sasthamcotta for interim custody of the tanker lorry bearing Registration No.KL.08/E.1402. The said application was opposed by the prosecution contending, inter alia, that human waste was transported in the tanker lorry and deposited in the fresh water lake at Sasthamcotta polluting the drinking water of thousands of people at Kollam, that Forensic examination of the tanker lorry was not yet over and that there has been discrepancy regarding the engine number and the chasis number giving rise to a suspicion that the vehicle is a stolen vehicle. Accepting the objection, the learned Magistrate as per the impugned order dated 1.12.2007 dismissed the application for interim custody. Hence this petition under Section 482 Cr.P.C. 2. Even though the learned Public Prosecutor opposed the Crl.M.C.No. 3751 of 2007 2 petition raising the very same objections as above, having regard to the fact that seizure of the vehicle was effected as early as on 9.11.07 and it is lying exposed to the ambient weather without any tangible investigation so far conducted, I am inclined to grant the prayer of the petitioner, but subject to conditions safe guarding the interests of the prosecution as well. Accordingly J.F.C.M, Sasthamcotta is directed to grant interim custody of the tanker lorry of the petitioner herein on his furnishing a bank guarantee for such amount as may be fixed by the learned Magistrate and on his executing a bond undertaking that the vehicle shall not be used for any illicit activity, nor shall he transfer the vehicle or dismantle the same or entrust the same with any stranger and that he shall produce the vehicle either before the Court or the Police Station as and when required to do so. Such release shall be after taking an inventory regarding the present condition of the vehicle. V. RAMKUMAR, JUDGE sj