IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL TUESDAY, THE 7^TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943 CRL.MC NO. 3779 OF 2021 AGAINST THE ORDER/JUDGMENT IN CMP 1169/2021 OF JUDL. FIRST CLASS MAGISTRATAE COURT, KALAMASSERY, ERNAKULAM PETITIONER/PETITIONER:

NISHAN ANVAR AGED 32 YEARS,S/O. KOYASSAN CHETTU KUZHIYIL, RESIDING AT CHETTU KUZHIYIL, DARUSSALAM, KARANTHUR P.O., KUNNAMANGALAM, KOZHIKODE DISTRICT-673571, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, ABOOBACKER M.M., AGED 71, S/O. MEETHIYAN, MANAKKADAN HOUSE, FERRY ROAD NORTH, ERNAKULAM-683 104.

BY ADVS.

P.MOHAMED SABAH LIBIN STANLEY SAIPOOJA R.GAYATHRI SADIK ISMAYIL M.MAHIN HAMZA RESPONDENTS/COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN-682 031.

2 STATION HOUSE OFFICER KALAMASSERY POLICE STATION, KALAMASSERY, ERNAKULAM DISTRICT, PIN-682 033.

OTHER PRESENT:

SR.PP - SRI. HRITHWIK C.S.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

07.09.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Challenging the correctness of Annexure-2 order dated 04.8.2021 of the Judicial First Class Magistrate Court, Kalamassery the petitioner, who is the registered owner of an Innova car bearing Regn.No.KL-7BR-3176, has moved this Court under Section 482 of the Code of Criminal Procedure. 2. Broad facts of the case are that accused persons used the said Innova car for committing the alleged offence. On the basis of the allegations the police registered the crime against accused 1 and 2 alleging offence under Sections 323, 307 r/w 34 IPC. The precise allegation is that accused persons had chased the motor cycle ridden by the defacto complainant/injured and rammed against the said motor cycle and hit him down causing serious injuries which led to the registration of the crime. During the course of investigation, the police seized the car and an application under Section 451 of the Cr.P.C. was filed before the jurisdictional court seeking interim custody of the vehicle. Considering the fact that the vehicle was used for the purpose of commission of the crime, the learned Magistrate dismissed the petition and that is how this Crl.M.C. was moved.

3. I heard the learned counsel for the petitioner and also the learned Senior Public Prosecutor.

4. According to the learned Public Prosecutor, the said vehicle is a material object. All the same, the reasons stated by the learned Magistrate for rejecting the application is that the petitioner may alter the vehicle or transfer the same and that it may not be made available at the time of trial. It is true that the vehicle which is the subject matter of the crime is virtually a material object. Bu the apprehension raised by the learned Magistrate can be obviated by imposing appropriate conditions. It is not advisable to keep a motor vehicle in police station premises exposed to sun and shower, which may ultimately lead to national waste. Therefore, it is only just and proper to release the vehicle to the petitioner on imposing following conditions, ensuring its production at the time of trial:

1. The vehicle can be released to the petitioner on his executing bond for Rs.15,00,000/- (Rupees Fifteen lakhs only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court;

2. He shall not transfer or alienate the vehicle or handover its possession to third parties until further orders;

3. He shall not alter or change the colour or other characters of the vehicle;

4. He shall upkeep and maintain the vehicle in proper condition remitting tax due to the State and paying insurance charges etc;

5. He shall produce the vehicle before Court as and when necessary.

The Crl.M.C. is allowed as above.

Sd/-

K.HARIPAL JUDGE okb/7.9 //True copy// P.S. to Judge APPENDIX OF CRL.MC 3779/2021 PETITIONER ANNEXURE Annexure 1 TRUE COPY OF THE ORDER DATED 17.6.2021 IN B.A.NO.3599/2021 OF HON'BLE HIGH COURT OF KERALA.

Annexure 2 CERTIFIED COPY OF THE ORDER DATED