The appropriate legal remedy for interim custody following a conviction is under Section 452 of the Cr.P.C.

O R D E R

The Criminal Miscellaneous Case is filed to quash Annexures B and C orders passed by the Court of the Judicial Magistrate of First Class-V (Special Court-Marklist cases), Thiruvananthapuram, rejecting the petitioner's application seeking interim custody of his autorickshaw bearing registration No.KL-21-L-4028 under Section 451 of the Code of Criminal Procedure (Cr.P.C.).

2. The learned Public Prosecutor, on instructions, submits that the accused in the crime had pleaded guilty to the offences alleged against him. Consequently, the accused was convicted and sentenced to pay a fine. Accordingly, the case against the accused has been closed. Therefore, the petitioner's remedy is under Section 452 of the Cr.P.C.

3. I find the above submission to be tenable.

In light of the above submission, notwithstanding Annexures B and C orders, I dispose of this Crl.M.C. by permitting the petitioner to file a fresh application under Section 452 of the Cr.P.C. before the jurisdictional court. If such an application is filed, the jurisdictional court is directed to consider and dispose of the same, in accordance with law.

Sd/-