AKHILESH M.U Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed challenging the order passed by the learned Magistrate rejecting the application filed by the petitioner under Sec. 451 of the Cr.P.C seeking interim release of the vehicle bearing Registration No.KL 01 CP 3649. The petitioner had also filed an application for return of the original RC which is stated to be pending.

(2.) Crime No.921 of 2022 of the Nooranad Police Station was registered inter alia under Ss. 489A, 489B, and 489C of the IPC. As the aforesaid vehicle was involved in the crime, the vehicle was seized, and the same was produced before the court. The petitioner filed an application for interim custody of the vehicle as C.M.P No.3180 of 2023. However, the learned Magistrate, taking note of the fact that the allegations are grave and the offence is non-bailable and triable by a Court of Session, rejected the application.

(3.) Heard the learned counsel appearing for the petitioner who submitted that in the light of the law laid down by the Hon'ble Supreme Court in Sunderbhai Ambalal Desai v. State of Gujarat [2022 (10) SCC 283], there is no justification on the part of the learned Magistrate in dismissing the application and submits that no purpose would be served in keeping the vehicle in custody.