KANAKAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Challenge in the petition is against the Annexure A5 order passed by the learned Judicial First Class Magistrate-1, Chengannur, dismissing an application for release of a motor vehicle seized in a crime registered at Chengannur Police Station.

(2.) Petitioner is the accused in that crime, which is now under investigation. Crime was registered for offences punishable under Sections 420, 411, 468, 471 and 379 read with 34 of the Indian Penal Code. Petitioner was found in possession of a vehicle bearing registration No.TN-45 V 7126 with fake documents relating to such vehicle. Registration number allotted to the vehicle seized was later found to be KL-58 C 4205. Petitioner is involved in so many theft and abkari cases and he is a member of gang involved in stealing motor vehicles, is the case of the police. After seizure of the vehicle, and registration of the crime, on the materials gathered, investigating agency has added some more accused, and the investigation is now in progress.

(3.) Petitioner, producing two agreements and on the basis of remittance made and clearance certificate issued from a bank indicating that liabilities over the vehicle KL-58 C 4205 had been cleared by him, moved an application for its interim custody contending that he has title over such vehicle on transfer from the registered owner. Registered owner of the vehicle is stated to be one Harris, with whom he claimed of having entered into agreement for sale produced before the Court. One among the two agreements was entered into two years prior to the seizure of the vehicle and registration of the crime, and the other later. The order passed by the learned Magistrate shows that during the enquiry directions/orders were issued for appearance of the registered owner, who is alleged to have transferred the vehicle to the petitioner. That registered owner, namely, Harris, did not appear before the court or produce the registration certificate. The investigating agency has also contended that Harris is also a member of the racket operating in stealing motor vehicles, and he has also been added as an accused in the crime, which is now under investigation. Taking note of the circumstances, and having regard to the nature of the allegations imputed over the registration of the crime and arrest of the petitioner, who is stated to have been found in possession of fake documents relating to the vehicle which was found with a fake number affixed, and also the objections canvassed by the investigating agency resisting the release of the vehicle on interim custody, the learned Magistrate passed Annexure A5 order declining the request of the petitioner.