IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 Crl.MC.No. 4583 of 2010() ----------------------------------- ( CRIME NO. 768/10 IN CMP.4070/2010 of JUDL. MAGISTRATE OF FIRST CLASS, THALASSERY) .................... PETITIONER(S): PETITIONER/16TH ACCUSED ----------------------------------------------------------------- SAJEER T.P., S/O. ISMAIL K.K., AGED 23, DRIVER, THAVAKAL MANZIL P.O., CHOKLI, THALASSERY. BY ADVS. SRI.K.S.MADHUSOODANAN SRI.K.VISWAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SRI.P.K.RAKESH KUMAR RESPONDENT(S): FORMAL PARTY/COMPLAINANT ------------------------------------------------------------------------ 1. STATE OF KERALA, TO BE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. STATION HOUSE OFFICER, THALASERY POLICE STATION, THALASSERY.PIN- 670 218 R1 & R2 BY PUBLIC PROSECUTOR SRI. P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4583 OF 2010 --------------------------------------------- Dated 24th November, 2010 O R D E R R.C owner of the vehicle No.KL-18/C-1105, which involved in crime No.768/2010 of Thalassery Police Station registered for the offences under Sections 143, 147, 148, 341, 435, 109, 120 B, 201 and 302 read with Section 149 of Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act filed C.M.P.4070/2010 before Judicial First Class Magistrate, Thalassery for interim custody of the vehicle under Section 451 of Code of Criminal Procedure. By Annexure-I order the petition was dismissed for two reasons. Firstly, it was found that as the vehicle was used for commission of the offence, Crmc 4583/10 2 there is every possibility of using it again. Secondly it was found that there is possibility of dismantling and transfering the vehicle for the purpose of destroying the evidence. Petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-I order. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. There is no dispute on the fact that petitioner is the registered owner of the vehicle. On the facts and circumstances of the case, learned Magistrate was not justified in dismissing the application, either for the reason that the vehicle could be used for commission of the similar offences or for the reason that there is possibility of transfer or dismantling the vehicle. On sufficient Crmc 4583/10 3 conditions vehicle could be released as it is clear that for the purpose of the trial, the vehicle is not necessary. Petition is allowed. Annexure-I order is quashed. C.M.P.4070/2010 stands allowed. Judicial First Class Magistrate, Thalassery is directed to release the vehicle to the petitioner on executing a bond for rupees Two Lakhs with two solvent sureties for the like sum to the satisfaction of the learned Magistrate undertaking not to transfer the vehicle or dismantle it or make any modification and produce it as and when required. M.SASIDHARAN NAMBIAR, JUDGE. uj.