MUKESH MOHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) A vehicle was seized by the police during the investigation of the case registered against the petitioner. The vehicle was produced before the court. In an application filed by the petitioner under Section 451 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'), the vehicle was ordered to be released to the petitioner on interim custody. Thereafter, the de facto complainant in the case filed application under Section 451 of the Code to give the custody of the vehicle to him. Learned Magistrate passed an interim order in that application directing the petitioner to surrender the vehicle before the police. The petitioner seeks to quash the aforesaid order by invoking the power of this Court under Section 482 of the Code.

(2.) The petitioner is the accused in the case registered as Crime No.645/2015 of the Koratty police station under Section 420 I.P.C. After completing the investigation of the case, the police has filed charge sheet against the petitioner and it has been taken on file by the Court of the Judicial First Class Magistrate, Chalakudy as C.C.No.213/2016.

(3.) The prosecution case against the petitioner is that he received an amount of Rs.3,08,000/- from the second respondent and another person on the promise that he would arrange visa for them for getting employment in Germany but he did not arrange the visa and thereby cheated them. During the investigation of the case, the police seized the car bearing registration No.KL-64-9005 from the possession of the petitioner and it was produced before the court.