IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932 Crl.MC.No. 3326 of 2010() ------------------------- CRMP.1891/2010 of SESSIONS COURT, ERNAKULAM .................... PETITIONER/CLAIM PETITIONER: ------------------------------------------------- ANI K MATHEW, S/O.MATHAI AGED 35 YEARS, KUTHINAPURATH HOUSE KODANADU PO, KODANADU, KUNNATHUNAD TALUK. BY ADV. SRI.ELDHO PAUL RESPONDENTS/COMPLAINANT: ------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, HILL PALACE POLICE STATION,L THRIPOONITHURA. BY PUBLIC PROSECUTOR SRI. I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. --------------------------- Crl.M.C. No.3326 OF 2010 -------------------------- Dated this the 13th day of August, 2010 O R D E R The petitioner had moved a claim petition for release of his motor vehicle Toyota Qualis Wagon (2000 Model) involved in a crime including offences under the NDPs Act. His claim petition was allowed by the learned Sessions Judge, Ernakulam, subject to certain conditions. The only grievance espoused by the petitioner/claimant is that the conditions imposed for handing over the interim custody of the vehicle are too onerous. Value of the vehicle is much less than Rs.2,00,000/-, but under the impugned order, he has been directed to furnish bank guarantee of Rs.4,25,000/- over and above executing a bond for the sum, is his case. Value of the vehicle was fixed only on the report filed by the investigating officer and not by an expert like a Mechanical Engineer/Motor Vehicle Inspector is the further submission canvassed by the counsel for reducing the sum fixed by the learned Sessions Judge for furnishing of bank guarantee. 2. Learned Public Prosecutor submits that if any petition is moved by the petitioner for modification of the order highlighting the Crl.M.C.No.3326/2010 2 grounds for reducing the sum fixed as bank guarantee, a report from the Motor Vehicle Inspector regarding its present market value can be produced, after examining the vehicle. 3. Petitioner is granted liberty to move an application before the court below for reduction of the sum fixed as bank guarantee, having a fixation of its value through a competent authority like the Motor Vehicle Inspector, as suggested by the Public Prosecutor. If any such application is moved by the petitioner within a period of three weeks from the date of this order, the learned Sessions Judge shall dispose of such application on its merit and in accordance with law. Subject to the above direction, this writ petition is disposed of. Handover a copy of this order to the learned counsel appearing for the petitioner as well as the learned Public Prosecutor on usual terms. S.S.SATHEESACHANDRAN, (JUDGE) vps Crl.M.C.No.3326/2010 3 Crl.M.C.No.3326/2010 4