IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 Crl.MC.No. 1862 of 2009(A) ------------------------------------- CMP.NO.1154/2009 OF JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM, CRIME NO. 1080/08 OF CHERANELLOOR POLICE STATION. .................... PETITIONER/PETITIONER/ACCUSED: ----------------------------------------------------- MANOJ T.J., AGED 37 YEARS, S/O.JATHAVEDAN NAMBOODIRI, RESIDING AT HOUSE OF DR.T.J.MATHEW, NEAR VALLATHOL JUNCTION, SEA PORT AIRPORT ROAD, THRIKKAKKARA. BY ADV. MR.T.G.RAJENDRAN. RESPONDENT/COMPLAINANT/STATE: ------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, CHERANELLOOR POLICE STATION. 2. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/06/2009, ALONG WITH CRL.M.C. NO. 1865/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. =================== Crl.M.C. No.1862 of 2009-A & Crl.M.C.No. 1865 of 2009-A =================== Dated this the 10th day of June, 2009. O R D E R Petitioner is the first accused in Crime No.1080/2008 of Cheranelloor Police Station. The case is under investigation. Police seized two vehicles, KL7-BJ-3699, a Hyundai I-10 Asta Car and KL7-BD-9799, a Mahindra Scorpio Car. Petitioner filed CMP No.1154/2009 and CMP No.1153/2009, respectively for interim custody of the vehicles under Section 451 of Code of Criminal Procedure. Under Annexure II order, the Magistrate granted interim custody on conditions. In CMP No.1154/2009 he was directed to furnish bank guarantee of Rs.3.5 lakhs, in addition to production of original R.C.Book and connected papers, insurance, tax, pollution certificate and directing not to transfer the vehicle and not to take the vehicle Crl.M.C.No.1862/2009-A & Crl.M.C.No.1865/2009-A -2- outside Ernakulam without permission of the Court. He was also directed to produce driving license. In CMP No.1153/2009 he was directed to produce bank guarantee for Rs.7.5 lakhs. He was also directed to comply with the other same conditions in CMP No.1154/2009 also. Crl.M.C.No.1862/2009 is filed under Section 482 of Code of Criminal Procedure to quash the conditions in the order in CMP No.1154/2009 and Crl.M.C.No.1865/2005 to quash the conditions in the order in CMP No.1153/2009. 2. Learned Counsel appearing for petitioner and learned Public Prosecutor were heard. 3. Learned Counsel pointed out that in Annexure I valuation report, the Motor Vehicle Inspector has valued the Hyundai Car KL7-BJ-3699 for Rs.2.5 lakhs and the Scorpio Car for Rs.6.5 lakhs and in such circumstances Magistrate was not justified in directing to produce bank guarantee for rupees one lakh more respectively. Learned Counsel also pointed out that condition to deposit the original R.C.Book Crl.M.C.No.1862/2009-A & Crl.M.C.No.1865/2009-A -3- and connected papers and driving license would make the interim custody meaningless. 4. Learned Public Prosecutor pointed out that interim custody was granted to the accused and in such circumstances the directions contained in the orders are fully justified. 5. The Magistrate found that petitioner is entitled to get interim custody of the vehicles seized by the Police during investigation. The only question is whether condition to deposit bank guarantee for the respective amounts as well as the direction to deposit the original R.C.Book and connected records is justifiable. 6. The Magistrate had directed the Motor Vehicle Inspector to value the vehicles. Annexure I report respectively show that Hyundai Car was valued at Rs.2.5 lakhs and it is a 2006 model. So also, Scorpio Car was valued at Rs.6.5 lakhs and it is a 2006 model. There is force in the submission of the learned Counsel that in the light of Crl.M.C.No.1862/2009-A & Crl.M.C.No.1865/2009-A -4- Annexure I valuation report, the Magistrate was not justified in directing to furnish security above the value fixed by the Motor Vehicle Inspector. So also when interim custody is granted to the petitioner, there is no justification for retaining the original R.C.Book and connected papers in Court. Inspite of this, a direction not to alienate the vehicle is there. In such circumstances, the respective orders are modified directing interim custody of the vehicles to the petitioner. 7. Petitioner is directed to furnish bank guarantee for Rs.2.5 lakhs for the Hyundai Car in CMP No.1154/2009 and to execute a bond with two solvent sureties for the like sum to the satisfaction of the Magistrate undertaking not to transfer the vehicle before the disposal of the case or without permission of the Magistrate. Petitioner will also undertake that he shall not take the vehicle outside Ernakulam District without the permission of the Magistrate. Crl.M.C.No.1862/2009-A & Crl.M.C.No.1865/2009-A -5- 8. The order in CMP No.1153/2009 is modified directing the petitioner to furnish bank guarantee for Rs.6.5 lakhs and to execute a bond with two solvent sureties for the like sum to the satisfaction of the Magistrate undertaking not to transfer the vehicle and not to take the vehicle outside the District without the permission of the Magistrate. M.SASIDHARAN NAMBIAR JUDGE dkr