NISHAN ANVAR Vs. STATE OF KERALA

JUDGEMENT

(1.) 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.