IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 Crl.MC.No. 3431 of 2011(B) -------------------------------------- [C.M.P.NO.2260/2011 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA] .................... PETITIONER/R.C.OWNER/ACCUSED: ----------------------------------------------------- BIJU M.P., AGED 36 YEARS, S/O.PRABHAKARAN, METTAYIL VEEDU, PARIYARAM P.O., ELANTHOOR VILLAGE, KOZENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH. RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 & R2 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO. 3431/2011-B: APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE 1: THE TRUE COPY OF THE JFMC NO.1, PATHANAMTHITTA IN NO.2260/2011 IN CRIME NO.986/2009 OF PATHANAMTHITTA POLICE STATION. ANNEXURE 2: THE TRUE COPY OF THE R.C PARTICULARS OF THE VEHICLE NO.KL-03-R-961. ANNEXURE 3: THE TRUE COPY OF THE REPORT OF THE POLICE. RESPONDENT'S ANNEXURES:- //TRUE COPY// P.A. TO JUDGE Prv. N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3431 of 2011 ----------------------------------- Dated this the 27th day of October 2011 O R D E R Petitioner who claims to be the RC owner of the vehicle bearing No.KL-03-R-961 filed a petition before the learned Magistrate for interim release of the vehicle under Sec.451 Cr.P.C. The offences alleged against the accused therein are under Secs.364, 302 and 392 r/w 34 IPC. The petitioner was the first accused in that case. It was alleged that the first accused had gone to the spot/scene of occurrence in the aforesaid vehicle and hence that vehicle was seized by the police during investigation. The learned counsel for the petitioner submits that if the vehicle is kept exposed to sun and rain till the disposal of the case, it will be completely ruined. Hence, the learned counsel submits that the vehicle may be released on conditions as may be imposed by this Court. Crl.M.C. No.3431 of 2011 -: 2 :- 2. Learned Public Prosecutor submits that investigation with regard to this vehicle was almost complete and that the vehicle can be released on conditions as may be imposed by this Court. In view of what is stated above, this Crl.M.C. is disposed of on the following terms :- (i)The petitioner will furnish a bank guarantee to the tune of Rs.2,00,000/- (Rupees Two Lakhs only). The bank guarantee shall be for the period till the disposal of the case. The learned Magistrate will ensure that the bank guarantee is atleast for a period of three years from the date of production and shall be got renewed as and when necessary; if the case is not disposed of prior to that day. (ii)The petitioner shall also execute a bond for Rs.3,00,000/- (Rupees Three Lakhs only) with two solvent sureties each for the like amount. Petitioner or one of the sureties shall produce attested Crl.M.C. No.3431 of 2011 -: 3 :- photocopies of the title deed and also the recent basic tax receipt to prove their solvency. (iii)Petitioner shall undertake that he will not sell or transfer possession of the vehicle till the disposal of the case and that he will produce the vehicle as and when directed by the court. (iv)The learned Magistrate will verify whether the vehicular documents produced by the petitioner are correct or not. N.K.BALAKRISHNAN, JUDGE. Jvt