IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 Crl.Rev.Pet.No. 408 of 2009() ----------------------------- CMP.5328/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG .................... REVN. PETITIONER/PETITIONER:- ------------------------------------- ABDUL HAMEED.C., AGED 21 YEARS, S/O.MUHAMMED KUNHI BARAKKAD HOUSE, C.B.ROAD, CHITHARI, CHITHARI VILLAGE, KASARGOD DISTRICT. BY ADV. MR.T.MADHU RESPONDENTS/RESPONDENTS: ----------------------------------- 1. THE STATION HOUSE OFFICER, HOSDURG POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. PUZHAKKARA MUHAMMED, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 16/02/2009, ALONG WITH CRL.R.P NO.409 OF 2009 & CRL.R.P NO. 410 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. Nos. 408, 409 & 410 of 2009 ========================== Dated this the 16th day of February, 2009. ORDER The petitioners who claim to be the owners of three motor cycles involved in crime No. 604 of 2008 of Hosdurg Police Station for offences punishable under Sections 143, 147, 148, 341, 324, 332, 333 and 308 r/w Section 149 IPC, challenge the common order dated 09.12.2008 passed by the Judicial First Class Magistrate-I, Hosdurg in C.M.P. Nos. 5319, 5328 and 5329 of 2008 dismissing the applications filed under Sections 451 Cr.P.C for interim custody of the vehicles. The case of the prosecution is that the two-wheelers were permitted to be used for committing the aforementioned offences during the course of which the police party was attacked causing destruction to the police jeep. The investigation is still in the preliminary stage and the culprits are yet to be apprehended by the police. If at this stage, the vehicles are released on interim custody, it will definitely hamper the smooth investigation of the case. I am, therefore, not inclined to interfere with the orders passed by the court below. These revisions are accordingly dismissed. Dated this the 16th day of February, 2009. V. RAMKUMAR, JUDGE. rv