IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 OP(Crl.).No. 3500 of 2011(Q) ---------------------------- CMP.4681/2011 of JUDICIAL FIRST CLASS MAGISTRATE COURT II, PERINTHALMANNA. .................... PETITIONER: ------------------- M/S.SHRIRAM TRANSPORT FINANCE CO.LTD; HAVING ITS REGISTERED OFFICE AT 123, ANGAPPA NAICKEN STREET,CHENNAI REPRESENTED BY POWER OF ATTORNEY HOLDER SRI.VENUGOPALAN P.T,LEGAL CONSULTANT, M/S.SHRIRAM TRANSPORT FINANCE CO.LTD, SREEPADAM BUILDING,CHEROOTY ROAD, CALICUT. BY ADV. SRI.RAJESH NAMBIAR RESPONDENT(S): --------------------------- MRS.SINDHU, MOTHIRAPPILLY,VETTILAPPARA, ATHIRAPALLY - PIN - 680 721. THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 28/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OP(CRL)NO.3500/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE LOAN CUM HYPOTHECATION AGREEMENT EXECUTED IN RESPECT OF THE VEHICLE BEARING REG.NO.KL-31/4671. EXT.P2 TRUE COPY OF THE PETITION FILED UNDER SEC 451 CRPC BEFORE THE JFCM-II,PERINTHALMANNA. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss N.K.BALAKRISHNAN, J. -------------------------------- O.P.(Crl) No.3500 of 2011 ------------------------------------ Dated this the 28th day of October 2011 J U D G M E N T Learned counsel for the petitioner submits that when an application for release of the vehicle was filed by him under Sec.451 Cr.P.C. before J.F.C.M., North Paravoor, that petition was not entertained on the ground that the case/crime was already transferred to J.F.C.M.-II, Perinthalmanna. Thereupon, the petitioner filed an application for release of the vehicle before that court. The learned Magistrate could not pass order of release on the ground that the vehicle was in the custody of J.F.C.M., North Paravoor and it has not been transferred to J.F.C.M.- II, Perinthalmanna. Hence, if the vehicle has not been transferred to J.F.C.M.-II, Perinthalmanna, the learned Magistrate (J.F.C.M., North Paravoor) will transfer the same to J.F.C.M.-II, Perinthalmanna as expeditiously as O.P.(Crl) No.3500 of 2011 -: 2 :- possible. As and when the report of transfer is received, the learned Magistrate, Perinthalmanna will dispose of the petition filed under Sec.451 Cr.P.C. in accordance with law. This O.P.(Crl) is disposed of accordingly. N.K.BALAKRISHNAN, JUDGE. Jvt