IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 WA.No. 2438 of 2009 -------------------------------- AGAINST THE JUDGEMENT IN WPC.26594/2009 Dated 30/09/2009 .................... APPELLANT/PETITIONER: ------------------------------------- T.P.ABDU, S/O.POCKER, AGED 42 YEARS, THOTTUMPURATH HOUSE, PANTHEERAMPADAM, KUNNAMANGALAM P.O., KOZHIKODE DISTRICT-673 571. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. SUB INSPECTOR OF POLICE, NADAKKAVU POLICE STATION, KOZHIKODE DISTRICT. 2. ASSISTANT COMMISSIONER OF POLICE (NORTH) KOZHIKODE. 3. HDFC (CENTURION BANK OF PUNJAB) MAGESTIC CENTRE, MINI BYPASS ROAD, KALATHIKUNNU AMSOM DESOM, KOZHIKODE, REPRESENTED BY ITS BRANCH MANAGER. ADV. SRI.T.RAJESH FOR R3 R1 & R2 BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.A. No.2438 of 2009 ------------------------------------------ Dated this the 20th day of November, 2009 JUDGMENT A.K.Basheer, J. This writ appeal is at the instance of the petitioner who filed the writ petition praying for a direction to respondent No.1 to release his vehicle bearing registration No.KA-21A-258 which was taken into custody by the police with the goods therein. 2. The learned Single Judge dismissed the writ petition making it clear that it would be open to the appellant/petitioner to approach the Magistrate Court concerned for release of the vehicle. 3. When this writ appeal was taken up for consideration earlier, we had called for the General Diary and Petition Register maintained in the police station, since we were not satisfied with the apparent stand taken by the police authorities as regards the seizure of the vehicle in question. The contention of the police was that the vehicle was seized since there arose a law and order situation at Eranhipalam in connection with a fight between to groups of people. On perusal of the records produced by the Station House Officer, it W.A.No.2438 of 2009 - 2 - was revealed that the seizure effected by the police was not at all in a legal or proper manner. In fact the police had taken the vehicle into custody at the instance of the Financier. Therefore, we had directed the Assistant Commissioner of Police, North to appear before this Court and offer his explanation as to why such an illegal procedure was adopted. The Station House Officer and the Assistant Commissioner of Police, North have filed individual affidavits expressing their regret and unconditional apology. Anyhow, we do not propose to deal with that aspect of the matter any further. 4. It is brought to our notice that the Financier of the vehicle, respondent No.3, has now moved the District Court, Kozhikode exercising the option available under the Hire Purchase Agreement and that the above proceeding is pending before the said Court. It is also brought to our notice that the District Court has passed an interim order in I.A.No.1584 of 2009 directing the appellant to furnish security for release of the vehicle for a sum of Rs.12,81,087/-. W.A.No.2438 of 2009 - 3 - 5. We have heard learned counsel for the parties on either side. We have also perused the entire materials available on record. 6. It is on record that the Assistant Motor Vehicle Inspector, Kozhikode has valued the vehicle and assessed its value at Rs.5,90,000/-. Keeping in view the entire facts and circumstances, especially the fact that the vehicle has been lying exposed to sun and rain for the last two months, we are of the view that the appellant can be given interim custody of the vehicle. 7. Therefore, it is directed that the vehicle shall be released to the appellant on his executing a bond for Rs.6,00,000/- (Rupees six lakhs) with two solvent sureties in the like sum, before the District Court, Kozhikode, before which the arbitration proceedings are pending. On executing the bond, appropriate orders shall be issued by the District Court to the police for release of the vehicle to the appellant. We make it clear that this interim custody of the vehicle is subject to further orders that may be passed by the District Judge in the arbitration proceedings. W.A.No.2438 of 2009 - 4 - 8. The appellant shall also file an affidavit before the District Court undertaking that he will not alienate or transfer the vehicle or reduce its value in any manner, pending the arbitration proceedings. The undertaking shall be filed by the appellant within two weeks from today. Writ appeal is disposed of in the above terms. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns