IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 Crl.MC.No. 3903 of 2010 (A) ----------------------------- ( CMP.1439/2010 of ADDL.CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM) .................... PETITIONER/PETITIONER: --------------------------------------- THANKACHAN, AGED 42 YEARS, S/O.JOSEPH, MAPPUMCHERIL HOUSE, NADAMA VILLAGE, THATTAMPPLILLY ROAD, EROOR WEST, ERNAKULAM DISTRICT. BY ADV. SRI.P.A.MUJEEB COMPLAINANT/RESPONDENT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3903 OF 2010 --------------------------------------------- Dated 18th October, 2010 O R D E R Autorickshaw No.KL-39/A-9819 seized in Crime No.1546/2010 of Hill Palace Police Station for the offences under Sections 294(b), 427 and 308 of Indian Penal Code, was produced before Additional Chief Judicial Magistrate, Ernakulam. Crl.M.P.1439/2010 was filed by the petitioner under Section 451 of Code of Criminal Procedure, claiming to be the registered owner, for interim custody. By order dated 16/9/2010 petition was dismissed. This petition is filed under Section 482 of Code of Criminal Procedure to quash the impugned order and to get the interim custody of the vehicle. Crmc 3903/10 2 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Public Prosecutor submitted that on sufficient conditions the vehicle could be released on interim custody as sought for. As the autorickshaw is not necessary for the purpose of investigation, petition is allowed. Additional Chief Judicial Magistrate, Ernakulam is directed to grant interim custody of the autorickshaw to the petitioner as sought for in Crl.M.P.1439/2010 on the following conditions. 1) Petitioner shall execute a bond for Rs.50,000/- with two solvent sureties for the like sum to the satisfaction of learned Magistrate. 2) Petitioner shall not transfer the vehicle. Crmc 3903/10 3 3) Petitioner shall produce the vehicle as and when required, either by the investigating order or by the Court. M.SASIDHARAN NAMBIAR, JUDGE. uj. Crmc 3903/10 4