IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 WP(C).No. 2320 of 2010(L) ------------------------- PETITIONER(S): --------------- SIMBATHI C.R., REG.OWNER OF VEHICLE NO.KL 46B - 5105, CHULLIPARAMBIL HOUSE, ENGANDIYUR P.O, THRISSUR. BY ADV. SRI.K.I.SAGEER RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, VATANAPPILLY POLICE STATION, VATANAPPILLY, THRISSUR. 2. THE SUPERINTENDENT OF POLICE, THRISSUR. 3. CHOLAMANDALAM D.B.S. FINANCE LTD., KOCHI REP. BY ITS MANAGER, KOCHI BRANCH. GOVERNMENT PLEADER, SHRI P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.2320/2010-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 29th day of January, 2010 J U D G M E N T The petitioner herein is the registered owner and in possession of a vehicle, Mitsubishi Eicher, bearing Registration No.KL-46-B-5105. A copy of the relevant entry in the Registration Certificate of the vehicle is produced as Ext.P1. The vehicle is insured with the New India Assurance Company and the third respondent is the financier. It is the case of the petitioner that on 29/12/2009, at about 10 p.m., the first respondent and his subordinates rushed to his house and directed to handover key of the said vehicle. The vehicle was taken in possession forcibly within his premises. It is pointed out that the vehicle is not involved in any criminal case also. Therefore, seeking for release of the said vehicle, this writ petition has been filed. 2. Heard learned counsel for the petitioner and the learned Government Pleader. 3. The learned Government Pleader submitted that the vehicle was remaining idle near Eastern side of Thirumangalam U.P. School. It is pointed out that a Crime No.878/2009 has been registered under Section 102 of the Code of Criminal Procedure. It is further submitted that W.P.(C). No.2320/2010 -:2:- if the petitioner approaches the first respondent, the same will be released. Therefore, there will be a direction to the first respondent-Sub Inspector of Police to release the vehicle on such terms and conditions which he deems fit to impose. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms