ARCHANA Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioner challenging the order passed by the Judicial First Class Magistrate Court -III, Punalur in Crl. M.P. No. 3458/2014 under section 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that petitioner is the registered owner of Activa scooter with No. KL -25 -B -1958. The relationship between the petitioner and her husband were strained and the petition for divorce is pending before the family Court. In the meantime, her husband tried to kill her and escaped from the scene. On the basis of the statement given by her, a crime was registered in respect of the incident as crime No. 554/2014 of Pathanapuram police station against the husband of the petitioner and as part of the investigation, the investigating officer has seized the vehicle and produced the same before the court. The petitioner filed Crl. M.P. No. 3458/2014 for interim custody of the vehicle and that was rejected by the learned Magistrate by Annexure -C order, which is being challenged by the petitioner by filing this petition.

(3.) THE counsel for the petitioner submitted that there is no dispute regarding the fact that she is the registered owner of the vehicle and she is prepared to produce the vehicle as and when required and she is prepared to abide by any condition imposed also for releasing the vehicle. Further, if the vehicle is kept in the police station for long time it will become useless. So the reasons stated by the court below for dismissal of the application is unsustainable in law.