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High Court of KeralaCrl.MC/6616/2015allowed

Ajith Kumar v. State Of Kerala

2015-11-16Honourable Mr. Justice B.Kemal Pasha3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 16TH DAY OF NOVEMBER 2015/25TH KARTHIKA, 1937 Crl.MC.No. 6616 of 2015 () --------------------------- PETITIONER :

------------ AJITH KUMAR, AGED 34 YEARS S/O ARAVINDAKSHAN PILLAI, AJI BHAVAN, PALLIPPURAM P.O CHERTHALA, ALAPPUZHA DISTRICT BY ADV. SRI.P.V.DILEEP RESPONDENTS:

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1. STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, ARTHUNKAL POLICE STATION, ALAPPUZHA DIST., REPRSENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM 682 031

2. THE DISTRICT COLLECTOR ALAPPUZHA DISTRICT - 688001 BY PUBLIC PROSECUTOR SMT.SAREENA.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 6616 of 2015 () --------------------------- APPENDIX PETITIONER' ANNEXURES :

------------------------- ANNEXURE A1: TRUE COPY OF THE R.C. BOOK OF THE MINI LORRY BEARING REG. NO. KL-32-4866 ANNEXURE A2: TRUE COPY OF THE REPORT PREPARED BY THE 1ST RESPONDENT DT. 19/09/15 REGARDING THE SEIZURE OF VEHICLE NO. KL 32-4866 RESPONDENTS' ANNEXURES :

NIL ------------------------ //True copy// P.A to Judge STU

B.KEMAL PASHA, J.

================ Crl.M.C. No. 6616 of 2015 ======================= Dated this the 16th day of November, 2015

O R D E R

The complaint of the petitioner is that the vehicle which has been seized in the case has not been produced before the learned Magistrate for enabling the petitioner to move under Section 451 Cr.P.C for getting the vehicle released.

2. The learned Public Prosecutor has reported that the vehicle has already been produced before the learned Magistrate. In such case, the petitioner can move the court below under Section 451 Cr.P.C. The court below shall consider the question and decide the matter by taking note of the decision of this Court in Sandeep v. State of Kerala [2015 (4) KLT 359].

With the said observation, this Crl.M.C is disposed of.

Sd/- B.KEMAL PASHA, JUDGE stu