IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 Crl.MC.No. 3124 of 2009 --------------------------------------- PETITIONER: AJAYAN, S/O.VISWANATHAN ACHARI, CHERUSSERIL, SOUTH MAINAKAPALLI, MAINAKAPALLI P.O., KARUNAGAPALLI. BY ADV. SRI.SAJEEV KUMAR K.GOPAL SMT.AMBIKA RADHAKRISHNAN RESPONDENTS: 1. THE STATE OF KERALA REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, SASTHAMCOTTAH POLICE STATION. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3124 of 2009 -------------------------- ORDER Petitioner, claiming to be the registered owner of Hero Honda Motor Cycle KL-02/V 8352, filed this petition under Section 482 of Code of Criminal Procedure for a direction to the second respondent to release the vehicle forthwith contending that the vehicle was seized by the second respondent, Sub Inspector of Police, Sasthamcotta Police Station and is not produced before the Judicial First Class Magistrate or released to him. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned Public Prosecutor submitted that the motor cycle was found abandoned in front of Amrita Bakery at Asarimukku on the side of Karunagappally- Sasthacotta public road and therefore, it was seized by the second respondent and produced before Sub Divisional Magistrate, Kollam on the same night CRMC 3124/09 2 and petitioner can approach before the Sub Divisional Magistrate and get the vehicle released on proving the claim. Petition is disposed granting liberty to the petitioner to approach the Sub Divisional Magistrate, Kollam to get the vehicle released on establishing that he is the registered owner of the vehicle. Sub Divisional Magistrate to pass orders without delay. 12th October, 2009 (M.Sasidharan Nambiar, Judge) tkv