IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 Crl.Rev.Pet.No. 3738 of 2008() ------------------------------ CMP.2936/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI .................... REVN. PETITIONER(S): PETITIONER/CLAIMANT --------------------------------------------------- MUHAMMAD, S/O.UNNENKUTTY, PARAKKAL HOUSE, PERINTHALMANNA. BY ADV. SRI.DILIP MOHAN RESPONDENT(S): -------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PATTAMBI POLICE STATION. BY PUBLIC PROSECUTOR SRI.C.M.NAZAR FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO. 3738 OF 2008 =========================== Dated this the 26th day of November,2008 ORDER Revision petitioner is challenging the order passed by the Judicial First Class Magistrate, Pattambi in CMP No.2936/2008 filed by him under section 457 of the Code of Criminal Procedure for interim custody of lorry bearing No.KL-10/B 4862 seized by the Sub Inspector of Police, Pattambi Police Station for illegal transportation of river sand. Learned Magistrate dismissed the application stating that if interim custody is granted, it is likely that the vehicle will be used for the same offence again. It is also stated that the report filed by the Sub Inspector of Police shows that proceedings have been initiated before the District Collector and therefore petitioner is not entitled to get interim custody of vehicle. 2. Learned counsel appearing for petitioner and learned Public Prosecutor were heard. CRRP3738/2008 2 3. Learned counsel appearing for the petitioner submitted that the District Collector has not passed any final order and there is no impediment for the court to grant interim custody of the vehicle under section 457 of Code of Criminal Procedure and if the vehicle is retained, it will get damaged. Learned Public Prosecutor also submitted that the District Collector has not passed any final order. It is not disputed that petitioner is the registered owner in possession of the vehicle. In such circumstance, he is entitled to get interim custody of the vehicle on the following conditions. Petitioner shall deposit Rs.25,000/- before Judicial First Class Magistrate Court, Pattambi. He shall execute a bond with two solvent sureties for the like sum undertaking not to transfer the vehicle and also not to commit an offence of this nature and also undertaking to produce the vehicle as and when necessary. Criminal Revision Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- CRRP3738/2008 3 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006