RADHAKRISHNA NAYAK Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is the power of attorney holder of the second accused who is the registered owner of vehicle KL-14h-1077 seized by the Badiadka Police in Crime no. 40/2009. Petitioner on behalf of the second accused filed CMP 749/2009 under section 451 of Code of Criminal Procedure before Judicial First Class magistrate-I, Kasaragod for interim custody of the vehicle. As per Annexure I order dated 12. 5. 2009 learned Magistrate dismissed the application for the reason that when second accused is absconding and the other accused are not arrested or surrendered the vehicle cannot be released as there is no chance of arrest of accused No. 2. This petition is filed under section 482 of the Code of criminal Procedure to quash Annexure A1 order.

(2.) LEARNED counsel appearing for the petitioner and the learned Public prosecutor were heard.

(3.) LEARNED counsel appearing for the petitioner submitted that second accused subsequently surrendered Crl. M. C. 1771/2009 2 before the Magistrate and was released on bail on 6. 6. 2009. In the light of the submission and the dismissal was only for the reason that petitioner is yet to be arrested the order in C. M. P. 749/2009 is set aside and CMP is remanded. Judicial First Class magistrate-I, Kasaragod is directed to pass appropriate order in C. M. P. 749/2009 in accordance with law after hearing the petitioner and the Assistant Public prosecutor. Petition is disposed accordingly.