IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 Crl.MC.No. 2119 of 2008() ------------------------- CRMP.1835/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD .................... PETITIONER: PETITIONER ----------------------------- JAYAN.K.K., S/O.KRISHNAN, CHEMMANAKADU HOUSE, PANAYOOR P.O., ATHIKODE, CHITTUR,PALAKKAD DISTRICT. BY ADV. SRI.K.MANOJ CHANDRAN SRI.P.R.AJITHKUMAR RESPONDENTS: ---------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKLULAM. 2. THE SUB INSPECTOR OF POLICE, TOWN SOUTH POLICE STATION, PALAKKAD. BY PUBLIC PROSECUTOR, SRI. JAI GEORGE. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 2119 OF 2008 ----------------------------------------------- Dated this the 27th day of June, 2008 O R D E R Petitioner is the owner of a car which was allegedly used for transportation of illicit spirit. The brother of the petitioner is the 1st accused in the crime. He was arrested under suspicious circumstances. Investigation revealed to the investigator the fact that the 1st accused has been indulging in illicit transportation of spirit using various vehicles including stolen vehicles. The vehicle in the instant case belonging to the petitioner was also allegedly used by the 1st accused for such illicit transportation of spirit. Investigation is in progress. The vehicle has been seized and remains in custody from 30.04.08. The learned Magistrate rejected the application for release of the vehicle taking note of the fact that a fake number was affixed on the vehicle at the time of seizure. The learned counsel for the petitioner submits that the petitioner's brother is the 1st accused and he permitted his brother to use the car. No offence whatsoever has been committed by the petitioner. The petitioner's brother had not stolen the petitioner's Crl.M.C. No. 2119 OF 2008 2 vehicle. In these circumstances, the vehicle may be released to the petitioner. 2. The learned Public Prosecutor opposes the application. Learned Prosecutor submits that the investigation is at a very early stage. The petitioner is not co-operating with the investigator. The investigator wanted to question the petitioner to ascertain the details of the vehicle and how it came into the hands of the 1st accused. In these circumstances it is submitted that at this early stage of investigation the vehicle may not be released to the petitioner. Investigators may be given some further time to complete the investigation before the court considers the question of release of vehicle. 3. Having considered all the relevant inputs, I find merit in the opposition made by the learned Prosecutor. I am satisfied that the investigator must be given further time to complete the investigation. Learned Prosecutor prays that there may be a specific direction to the petitioner to make himself available for examination by the police. 4. I find merit in the submission of the learned Prosecutor that the petitioner has to be questioned in connection with the Crl.M.C. No. 2119 OF 2008 3 investigation. Petitioner shall make himself available for interrogation. The police may issue specific directions to the petitioner to appear before the police in connection with the investigation. Petitioner shall be available at the address of the petitioner shown in this petition, it is submitted. 5. Investigators shall endeavour to complete the investigation as expeditiously as possible. Petitioner shall co- operate with the investigators. The petitioner shall be at liberty to renew his application for release of the vehicle after lapse of a period of one month from this date. Petitioner can approach the learned Magistrate after such period with a renewed application for release of the vehicle. The learned Magistrate shall consider the application on merits and pass appropriate orders. 6. With the above observations, this Crl.M.C is dismissed. R. BASANT, JUDGE ttb Crl.M.C. No. 2119 OF 2008 4 Crl.M.C. No. 2119 OF 2008 5