IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 Crl.MC.No. 887 of 2010() ----------------------------------- CRIME NO.608/2009 OF VARAPUZHA POLICE STATION. .................... PETITIONER/CLAIM PETITIONER ------------------------------------------------ MRS. MANI SAHADEVAN, AGED 45 YEARS, W/O.LATE SAHADEVAN, H.NO.1/255, ALINKATHARA, CHERANELLOOR, ERNAKULAM, KOCHI-27. BY ADV. MR.BABU KARUKAPADATH, SMT.M.A.VAHEEDA BABU, MR.JAGAN ABRAHAM M.GEORGE, MR.P.G.PRAMOD, MR.RAHUL KANDAMPULLY. RESPONDENT/COMPLAINANT --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE S.H.O, VARAPUZHA POLICE STATION, VARAPUZHA THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.K.S. SIVAKUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.887 OF 2010 ------------------------------------------ Dated 31st March 2010 O R D E R Maruti van No.KL-7-BG-6007 was seized in crime No.608/2009 of Varapuzha police station registered for the offence under Section 379 read with Section 34 of Indian Penal Code on the allegation that vehicle was used for transporting stolen articles. Petitioner claiming to be the registered owner filed a petition under Section 451 of Code of Criminal Procedure before Judicial First Class Magistrate, North Paravur. It was dismissed. The order was challenged in Crl.M.C.3975/2009. By Annexure-A6 order, that petition was dismissed finding that as investigation is not over the vehicle cannot be released. Crmc 887/10 2 After filing of the final report on completing the investigation, this petition is filed under Section 482 of Code of Criminal Procedure to release the vehicle. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned Public Prosecutor submitted that final report in all the cases have already been submitted after completing investigation. In such circumstances, there is no necessity to retain the vehicle with the police. Petition is allowed. Judicial First Class Magistrate, North Paravur is directed to release Maruti van KL-7.BG-6007 to the petitioner, as it is not disputed that petitioner is the R.C owner, on executing bond for Rs.One Lakh with to solvent sureties for Crmc 887/10 3 the like sum to the satisfaction of the learned Magistrate. M.SASIDHARAN NAMBIAR, JUDGE. uj.