IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 Crl.MC.No. 1452 of 2009() ---------------------------------- CRIME NO.665/2008 OF MATHILAKAM POLICE STATION ......... PETITIONER(S): ------------------------- SHIBU, S/O. VARGHESE, AGED 36 YEARS, KIZHUPPILLITHOTTATHIL HOUSE, RAYAMANGALAM P.O. BY ADV. SMT.DAISY A.PHILIPOSE RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, MATHILAKOM. PUBLIC PROSECUTOR MR.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1452 OF 2009 ------------------------------------------ Dated 21st May 2009 O R D E R This petition is filed under Section 482 of Criminal Procedure Code for releasing jeep KL-40-9303 which was seized by Mathilakam police in crime No.665/2008. According to the petitioner though he filed C.M.P.No.1477/2009 before Judicial First Class Magistrate, Kodungallur for interim custody of the vehicle with relevant document including the consent letter of the registered owner, the Magistrate called for the report and thereafter Annexure-A3 petition was returned for moving before appropriate authority. Case of the petitioner is that he is prepared to furnish sufficient bank guarantee and if interim custody is not granted, the vehicle would be damaged and therefore interim custody is to be granted. 2. Learned Public Prosecutor submitted that subsequent to the filing of the petition the vehicle was handed over to the Deputy Commissioner of Excise, Thrissur for confiscation. In such CRMC 1452/09 2 circumstances, remedy of the petitioner is to approach the Deputy Excise Commissioner for interim custody. With that liberty, petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.