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2022 Supreme(Online)(KER) 19356

HIGH COURT OF KERALA
Ziyad Rahman A. A, J
HAMSA – Appellant
Versus
THE STATION HOUSE OFFICER – Respondent


Advocates:
SUNNY MATHEW, NIKITTA, TRESSY GEORGE, ADVOCATE GENERAL OFFICE KERALA, ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)

O R D E R

This Crl.M.C is filed by the petitioner being aggrieved by Annexure-A1 order passed by the Judicial First Class Magistrate Court-III, Palakkadd. A Maruti Suzuki Alto 800 Car bearing registration No.KL-51-K 339 belonging to the petitioner was seized by the police in connection with the investigation of the Crime No.1989/2021 of Town South Police Station, Palakkad. Crl.M.P No.717/2022 was filed by the petitioner seeking release of the vehicle of the petitioner by invoking section 451 of Cr.P.C. The prosecution opposed the said application, by highlighting the serious nature of the offences involved, including the offence under section 302 of IPC. The aforesaid application was dismissed by the Learned Magistrate and this Crl.M.C is filed challenging the same.

2. Heard Sri. Sunny Mathew, Learned Counsel appearing for the petitioner, and Sri.Gracious Kuriakose, Learned Additional Director General of prosecution. The prayer sought for by the petitioner is opposed by the Learned ADGP, pointing out the history of this case.

3. It was pointed out that, as per the prosecution case the vehicle which was originally used for commission of the crime was destroyed by the accused person as

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