IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 Crl.MC.No. 1996 of 2010() ------------------------- CRIME NO.231/2010 OF PIRAVOM POLICE STATION C.M.P.NO.653/2010 ON THE FILE OF THE JFCM, MUVATTUPUZHA PETITIONER(S): ------------------------- LILLYKUTTY THOMAS, W/O.THOMAS, 7/124 IDAYAL HOUSE, CHENNAD.P.O, CHENNAD, KOTTAYAM. BY ADV. SRI.T.SAJI RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, PIRAVOM POLICE STATION, PIRAVOM. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = Crl.M.C. No.1996 of 2010 = = = = = = = = = = = = = = = Dated: 08.06.2010 ORDER Petitioner, who claims to be the registered owner of an Innova Car bearing registration No.KL 35-A 7154 involved in Crime No.231/2010 of Piravom Police Station for offences punishable under Sections 279,337 and 338 IPC, challenges Annexure A order dated 2.6.2010 passed by the J.F.C.M, Muvattupuzha dismissing her application for interim custody of the vehicle. The only reason for dismissal of the application for interim custody is that the accused in the case is absconding. The abscondance of the accused who drove the vehicle is not a ground for refusing interim custody of the vehicle to the registered owner. There is no case for the prosecution that the petitioner is harbouring the accused in the case. Under these circumstances, C.M.P.No.653/2010 filed by the petitioner before the court below shall stand allowed and the vehicle shall be given to the petitioner on interim custody on appropriate conditions and undertaking and under a bond for an appropriate amount. This Crl.M.C is allowed as above. Dated this the 8th day of June, 2010 V. RAMKUMAR, (JUDGE) sj