IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 WP(C).No. 26366 of 2009(Q) -------------------------- CRIME NO.199/09 OF KALPETTA POLICE STATION PETITIONER(S): --------------- ITTY IYPE, S/O.T.I.IYPE, OFFICE 77/127 UNITED BUILDING, J.C.ROAD, BANGALORE, REPRESENTED BY POWER OF ATTORNEY HOLDER P.A.BASHEER, S/O.ABDUL RAHMAN, PUTHENPURAYIL HOUSE, KARUR POST, PALAKKAD DISTRICT BY ADV. SRI.R.RAMADAS RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COUR OF KERALA, ERNAKULAM. GOVERNMENT PLEADER SRI.S.U.NAZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ```````````````````````````````````````````````````` W.P.(C) No. 26366 OF 2009 Q ```````````````````````````````````````````````````` Dated this the 18th day of September, 2009 J U D G M E N T Through the Power of Attorney Holder, petitioner filed Ext.P1 petition under Section 451 of the Code of Criminal Procedure to get release of lorry No.KA-01/C-2324 seized in crime No.199/09 of Kalpetta Police Station. As is clear from Ext.P1 order, the Prosecutor did not oppose the petition and the fact that the petitioner is the registered owner. The learned Magistrate allowed the petition on condition of executing a bond for Rs.4 lakhs with two solvent sureties and to produce the vehicle as and when required. This petition is filed under Article 227 of the Constitution of India for a direction to the Station House Officer, Kalpetta to release the vehicle to the Power of Attorney Holder of the petitioner contending that presence of the registered owner is being insisted. 2. Learned counsel appearing for the petitioner and learned Government Pleader were heard. WPC.26366/09 : 2 : 3. The learned Magistrate directed to release the vehicle on conditions. The fact that the petitioner is a registered owner was not disputed. I find no reason to insist for a Kachit to be executed by a registered owner himself when the Power of Attorney Holder, who filed the application, is authorised by the registered owner to act on his behalf. The Station House Officer is directed to release the vehicle as ordered by the learned Magistrate under Ext.P1 order, if the registered owner or his Power of Attorney Holder executes the bond as provided in the order. Writ petition is disposed of. (M. SASIDHARAN NAMBIAR, JUDGE) aks