Haneef v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 21ST DAY OF MAY 2015/31ST VAISAKHA, 1937 Crl.MC.No. 2510 of 2015 --------------------------- CRL.M.P.NO. 964/2015 OF SESSIONS COURT, PATHANAMTHITTA. CRIME NO. 156/2015 OF PULIKEEZHU POLICE STATION , PATHANAMTHITTA. ...........
PETITIONER/PETITIONER:
------------------------------------- HANEEF, AGED 53 YEARS, S/O.MUHAMMED, 137, POOPARAMBU, 23, LAJNATH WARD, HEAD POST OFFICE, ALAPPUZHA DISTRICT.
BY ADVS.SRI.S.SHANAVAS KHAN SMT.S.INDU RESPONDENT/COUNTER PETITIONER:
-------------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mbr/
Crl.MC.No. 2510 of 2015 --------------------------------- APPENDIX PETITIONER'S ANNEXURES:
---------------------------------------- ANNEXURE A:
TRUE COPY OF THE CERTIFICATE OF REGISTRATION IN RESPECT OF THE PETITIONER'S VEHICLE.
ANNEXURE B:
TRUE COPY OF THE ORDER DATED 31.3.2015 IN CRL.M.P.NO.964/2015 OF THE COURT OF SESSIONS JUDGE, PATHANAMTHITTA.
RESPONDENT'S ANNEXURES:
- NIL ------------------------------------------- /TRUE COPY/ P.S. TO JUDGE mbr/
K. ABRAHAM MATHEW, J.
- - - - - - - - - - - - - - - - - - - - - - - CRL.M.C.No.2510 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of May, 2015
O R D E R
The petitioner is the owner of the vehicle bearing Registration No.KL-04-AE-9189. This vehicle is said to have used by the accused, who to take the victim. The accused is alleged to have committed the offences under Sections 376 and 4 of Protection of Children from Sexual Offences Act. The learned Sessions Judge refused to release the vehicle to the petitioner on the sole ground that the accused was not arrested. It is submitted that subsequently the accused was arrested.
2.
Heard.
3.
It appears that it is not at all necessary to keep the vehicle in the custody of the court or the investigating officer. In the result, this Crl.M.C is allowed and the vehicle will be released to the petitioner if the Sessions Court is satisfied that he is the owner of the vehicle and on his executing a bond for the value of the vehicle and on his furnishing the photographs of the vehicle and producing copies of the documents relating to the vehicle.
sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge