IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 Crl.MC.No. 613 of 2008() ---------------------------- C.M.P. NO. 2430/2007 of JUDICIAL FIRST CLASS MAGISTRATE, KOTHAMANGALAM PETITIONER: ------------ A.V. GOPALAN, AGED 59 YEARS, S/O. NARAYANAN, ANICKATTUKUDIYIL HOUSE, RAJMUMARI P.O., REPRESENTED BY POWER OF ATTORNEY HOLDER, SEKHAR, AGED 28 YEARS, S/O. PALSWAMY, ETTOOR COLONY, BISON VALLEY VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.PEEYUS A.KOTTAM SRI.A.H.NAJMAL RESPONDENT: COMPLAINANT: ----------------------------------- STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, KOTHAMANGALAM, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. K.S SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 613 of 2008 ========================== Dated this the 19th day of February, 2008. O R D E R The petitioner, who claims to be the power of attorney holder of the registered owner of a TATA Sumo Jeep bearing registration No. KL- 7/Z 3501, claimed interim custody of the vehicle before the Judicial First Class Magistrate, Kothamangalam by filing C.M.P.No. 2430/2007 under Section 451 and 457 Cr.P.C. His request was turned down by the Magistrate for the reason that the vehicle was seized under the provisions of the Kerala Anti Social Activities (Prevention) Act, 2007 and that the court has no power to deal with the matter. 2. In as much as the provisions of the said Act do not provide for interim custody of the vehicle the learned Magistrate should have acted upon the report of the police regarding the seizure of the vehicle by invoking his power under Section 457 Cr.P.C. Accordingly, the jeep in question is directed to be released to the petitioner on interim custody on the following terms and conditions:- 1. The petitioner shall execute a bond for Rs.6 lakhs with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate who shall not insist on any solvency certificate for the sureties. CRL. M.C. NO. 613/2008 : 2: 2. The petitioner shall make a cash deposit of Rs.10,000/- (Rupees ten thousand only) before the Judicial First Class Magistrate, Kothamangalam. 3. The bond to be executed by the petitioner shall contain the following conditions:- i. The petitioner shall not allow the jeep in question to be used for any illicit purpose. ii. The petitioner shall not transfer wholly or in part the said jeep to any person. Iii. The petitioner shall produce the jeep as when required either before the Magistrate or before such other officer whom the Magistrate shall direct. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE. rv CRL. M.C. NO. 613/2008 : 3: