IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 Crl.Rev.Pet.No. 100 of 2009() ----------------------------- CMP.4662/2008 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... REVN. PETITIONER(S)CLAIM PETITIONER: --------------------- RANJITH, AGED 35 YEARS, S/O. RAVEENDRAN, NIKARTHIL HOUSE, CHEMBU P.O., CHEMBU VILLAGE, VAIKOM TALUK. BY ADV. SRI.SIRAJ KAROLY RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR C.M.NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 16/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.R.P.NO.100 OF 2009 ------------------------------------------ Dated 16th January 2009 O R D E R Revision is filed challenging the order dismissing C.M.P.4662/2008 filed by revision petitioner before Additional Chief Judicial Magistrate, Ernakulam under Section 457 of Code of Criminal Procedure for interim custody of tipper lorry KL-C-4930 by the revision petitioner. 2. Learned counsel appearing for revision petitioner and learned Public Prosecutor were heard. 3. Learned counsel submitted that revision petitioner is the owner of the vehicle and even though the vehicle was not seized by the police, seizure is to be reported to the court and even if not reported Magistrate is competent to grant interim custody of the vehicle under Section 457 of Code of Criminal Procedure. 4. Learned Public Prosecutor submitted on instruction that vehicle was not involved in any offence of this nature earlier and with sufficient CRRP 100/09 2 conditions the vehicle could be released to revision petitioner. 4. In such circumstances, order passed by Additional Chief Judicial Magistrate, Ernakulam in C.M.P.4664/2008 is set aside. Additional Chief Judicial Magistrate is directed to release the vehicle to revision petitioner on the following conditions. (1) Revision petitioner shall deposit Rs.30,000/- before the court of Additional Chief Judicial Magistrate, Ernakulam. (2) Revision petitioner shall execute a bond for Rs.50,000/- with two solvent sureties for the like sum to the satisfaction of Additional Chief Judicial Magistrate. (3) Revision petitioner shall undertake not to transfer the vehicle and also not use the vehicle for illicit transport of river sand and to produce the vehicle as and when directed by the District Collector. M.SASIDHARAN NAMBIAR, JUDGE. uj. CRRP 100/09 3