JOBY VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner claims to be the owner of an autorikshaw, which has been seized by the police in connection with the investigation of a crime registered, inter alia, under Section 302 I.P.C. The deceased was the driver, who took the autorikshaw on hire from the petitioner. The deceased, while driving the vehicle, was murdered by the miscreants. The petitioner, in these circumstances, filed an application for return of the vehicle to him. The learned Magistrate, by the impugned order, rejected the application and the only reason which is held out in the impugned order is that the offence is triable exclusively by a Court of Sessions.

(2.) Notice was given to the learned Prosecutor. The learned Prosecutor does not oppose the application. I find the challenge raised in this Crl.M.C. to be perfectly justified.

(3.) This Crl.M.C. is hence allowed. The learned Magistrate shall release the vehicle to the petitioner on condition that he executes a bond for the value of the vehicle with one solvent surety and on his production of the documents showing that he is the owner of the vehicle. The original of the Registration Certificate is said to be in the custody of the court. If so, the Court shall peruse the same and pass appropriate orders.