IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 Crl.MC.No. 2936 of 2009() ------------------------- CMP.2432/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, THALASSERY CRIME NO.442/09 OF THALASSERY POLICE STATION .................... PETITIONER(S): ACCUSED ---------------------- A.ABDUL NAZAR, S/O.K.T.AVARAN HAJI, AGED 34 YEARS, KADEEJA MANZIL, THERUR PALAYODE, P.O.EDAYANNUR, KANNUR, THROUGH POWER OF ATTORNEY HOLDER M.P.MOOSAKKUTTY, S/O.V.P.MAMMOOTTY HAJI, AGED 32 YEARS, KALATHIL HOUSE, THERUR, P.O.EDAYANNURE. BY ADV. SRI.P.M.PAREETH RESPONDENT(S): COMPLAINANT -------------------------- S.H.O. THALASSERY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ```````````````````````````````````````````````````` Crl. M.C. No. 2936 OF 2009 F ```````````````````````````````````````````````````` Dated this the 18th day of September, 2009 O R D E R Scorpio Van KL-58/6680 was seized by the police in crime No.442/09 of Thalassery Police Station. Petitioner claiming to be the R.C. owner, through the Power of Attorney Holder, filed C.M.P.No.2432/09 under Section 451 of the Code of Criminal Procedure for interim custody of the vehicle. Under Annexure-A4 order, the learned Magistrate dismissed the petition holding that as the investigation is not over, interim custody of the vehicle cannot be granted at this stage. This petition is filed under Section 482 of the Code of Criminal Procedure to quash Annexure-A4 order and to release the vehicle. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Annexure-A4 order shows that the case was registered for the offences under Section 3 read with Section 25(1)(b) of Arms Act and Section 399 of the IPC. So long as the prosecution has no case that the registered owner is also an accused, I find it Crl.M.C.2936/09 : 2 : not necessary to retain the vehicle. Learned Public Prosecutor also submitted that the vehicle is not needed for investigation of the case. In such circumstances, the learned Magistrate is not justified in not granting interim custody of the vehicle for the reason that the investigation is in progress. Annexure-A4 order is quashed. Learned Judicial First Class Magistrate, Thalassery is directed to release the vehicle to the petitioner on establishing that he is the registered owner and on sufficient conditions. Petition is allowed. Sd/- (M. SASIDHARAN NAMBIAR, JUDGE) aks // True Copy // P.A. to Judge