IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 Crl.MC.No. 3499 of 2011() ------------------------- CMP.6344/2011 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR .................... PETITIONER(S): ACCUSED: ----------------------------------------- ANILKUMAR, AGED 21, S/O. CHETTIPARAMBIL ASOKAN, AZHEEKODE VILLAGE AND DESOM, KODUNGALLUR TALUK. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): COMPLAINANTS: ------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2. THE SUB INSPECTOR OF POLICE, KODUNGALLUR - 680 664. R1 & R2 BY PUBLIC PROSECUTOR SRI. RAJESH VIIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.3499/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.1: COPY OF THE RC BOOK OF KCF 2134. ANNEX.II: COPY OF THE PERMIT OF KCF 2134. ANNEX.III: COPY OF THE REPORT DTD. 14/09/2011. ANNEX.IV: COPY OF THE ORDER IN CMP NO.6344/2011 DTD. 15/09/2011. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.S.TO JUDGE Kss N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3499 of 2011 ---------------------------------------------------- Dated this the 24th day of October, 2011 Order The petitioner is the accused in Crime No.1030 of 2011 of Kodungallur Police Station. It was registered alleging offence under Section 279 IPC. Since the vehicle was used in a rash and negligent manner so as to endanger human life, it was seized by the police and was produced before the learned Magistrate. The petitioner filed an application for interim release of the vehicle. It was opposed by the respondents stating that there was no fitness certificate for the vehicle and the vehicle was used for illicit transportation of sand. Considering that objection, the learned Magistrate dismissed the application. The learned counsel for the petitioner submits that in the objection filed by the police it is stated that no other crime has been reported and there is no other legal impediment in ordering interim custody of the vehicle. Considering all the aspects, the following directions are issued: The vehicle shall be released to the petitioner on production of all documents showing his entitlement to the same. The Crl.M.C.3499/11 2 petitioner shall file an undertaking that he will not use the vehicle without obtaining fitness certificate. The petitioner will also undertake that the vehicle will not be used for illicit transportation of sand. The petitioner will also execute a bond for Rs.50,000/- with two solvent sureties for the like sum and undertake that he will produce the vehicle as and when required by the court. The Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.3499/11 3