IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 Crl.Rev.Pet.No. 3740 of 2008() ------------------------------ CMP.3155/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI .................... REVN. PETITIONER(S): PETITIONER/CLAIMANT ---------------------------------------------------- JAYADEVAN, S/O.KRISHNAN, ALAMPARA VEEDU, PALOOR DESOM, PULAMANTHOLE, PERINTHALMANNA. BY ADV. SRI.DILIP MOHAN RESPONDENT(S): --------------- 1. STATE OF KERALA REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PATTAMBI POLICE STATION. BY PUBLIC PROSECUTOR SRI.C.M. NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO.3740 OF 2008 =========================== Dated this the 26th day of November,2008 ORDER Revision petitioner is challenging the order dated 30-10-2008 dismissing CMP No.3155/2008 filed under section 457 of the Code of Criminal Procedure for interim custody of lorry bearing No.KL-10/R- 9204, by Judicial First Class Magistrate, Pattambi. Learned Magistrate dismissed the application after hearing the petitioner and the Prosecutor taking into consideration the report filed by the Sub Inspector that the vehicle was seized when it was engaged in transporting river sand illegally and if the vehicle is released, there is every chance to repeat the offence and also because a report has been filed before the District Collector for its confiscation. 2. Learned counsel appearing for petitioner and learned Public Prosecutor were heard. 3. Learned counsel submitted that District CRRP 3740/2008 2 Collector has not passed the final order till date and the fact that a report is filed before the District Collector is not a bar for granting interim custody of the vehicle under section 457 of Code of Criminal Procedure. Learned Public Prosecutor also submitted that the final order was not passed. In such circumstance, petitioner is entitled to get interim custody of the vehicle on the following conditions. Petitioner shall deposit Rs.25,000/- before Judicial First Class Magistrate Court, Pattambi and shall execute a bond with two solvent sureties for the like sum undertaking not to transfer the vehicle and also not involve in any offence of this nature and also undertaking to produce it as and when necessary. Criminal Revision Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006