RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioner challenging the order in Crl. M.P. No. 5928/2013 on the file of the Judicial First Class Magistrate Court, Kunnamangalam in Crime No. 503/2013 of Kunnamangalam police station under Section 482 of the Code of Criminal Procedure, 1973.

(2.) IT is alleged in the petition that the petitioner is the owner of lorry bearing registration No. KL -41 -B -3850. The said vehicle has been seized by the 2nd respondent on 28.7.2013 in connection with crime No. 503/2013 of Kunnamangalam police station. The petitioner's driver and employees are the accused in the above crime. The offences alleged against the accused are punishable under Section 269 of the Indian Penal Code and Sections 118(e), 120(e) and 120(a) of the Kerala Police Act. After seizure of the above vehicle, the same has been produced before the Judicial First Class Magistrate Court, Kunnamangalam. The petitioner moved two applications to release the vehicle for interim custody under Section 451 of the Code of Criminal Procedure. But the learned magistrate, without considering the facts and circumstances of the above case, dismissed the above petitions by Annexure Nos. I & II orders. So he has no other remedy except to approach this court for getting release of the vehicle. Hence this petition.

(3.) THE counsel for the petitioner submitted the vehicle need not be detained in connection with the investigation as the identity of the vehicle is not in dispute. Further keeping the vehicle exposed to sun and rain will only cause damage to the vehicle. So he prayed for granting interim custody of the vehicle and he has also submitted that he is prepared to abide by any condition imposed by this court.