JUDGMENT

The above Writ Petition (Crl.) is filed challenging the order dated 16.09.2023 in Crl.M.P.No.3589 of 2023 on the file of the Sessions Court, Ernakulam, by which an application filed under Section 451 Cr.P.C to get custody of Motor Bike bearing Reg.No.KL-

41/R-1204 is rejected. Hence, this Crl.M.C is filed.

2. Heard the counsel for the petitioner and the Public Prosecutor.

3. The learned Sessions Judge dismissed the application mainly for the reason that the public prosecutor submitted that the motor bike bearing Reg.No.KL-41/R-1204 has been handed over to disposal committee. In Shanil v. State of Kerala [ 2023 (2) KHC 88 ], this Court considered this point in detail and held that whether the vehicle is used for conveyance is to be decided by the court. After considering all the earlier decisions, this Court passed a detailed order in the above case. It will be better to extract the relevant portion of the above judgment here:

11. Although, in Shajahan(supra), this Court held the Magistrates to be denuded of the power to grant interim custody under Section 451 Cr.P.C, that decision is impliedly reversed by the Supreme Court in Sainaba v State of Kerala [ 2022 (7) KHC 273 ].