IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 Crl.MC.No. 1750 of 2011() ------------------------------ AGAINST THE ORDER DATED 11/01/2011 IN CRMP 149/2011 IN CC.176/2011 of CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR .................... PETITIONER(S): -------------------- HDFC BANK, KALLIATH ROYAL SQUARE, PALACE ROAD, THRISSUR REPRESENTED BY THE POWER OF ATTORNEY HOLDER AMMER.K.M. BY ADV. SRI.P.PAULOCHAN ANTONY RESPONDENT(S): ---------------------- 1. NIMESH RAJAN, S/O.RAJAN, MUDAKAM HOUSE, NEAR RAILWAY STATION, KOZHIKODE, NOW RESIDING AT C/O.PAUL, NEAR CHERANELLUR, ERNAKULAM - 673 001. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R2 BY PUBLIC PROSECUTOR SRI.V.MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC.NO.1750/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE 1:PETITION FILED UNDER SEC 451 CRPC BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT DATED 07/01/2011. ANNEXURE 2:CERTIFIED COPY OF THE ORDER DATED 11TH JANUARY 2011 OF THE HONOURABLE CHIEF JUDICIAL MAGISTRATE'S COURT, ERNAKULAM IN CRL.MP.NO.149/2011 IN C.C. NO.176/2011. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1750 of 2011 --------------------------------------- Dated this 14th day of June, 2011 ORDER Petitioner is aggrieved by Annexure-2, order dated January 11, 2011 on C.M.P.No.149 of 2011 in C.C.No.176 of 2011 of the Court of learned Chief Judicial Magistrate, Thrissur. Petitioner sought interim custody of the vehicle involved in the case. That request was allowed and petitioner was directed to execute bond for `.2,00,000/- with two solvent sureties for the like sum each. Petitioner which is a private banking institution says that it is prepared to produce bank guarantee for `.2,00,000/- and execution of bond with sureties may be avoided. I have learned counsel for petitioner and the learned Public Prosecutor. 2. Since petitioner is prepared to produce bank guarantee for the sum of `.2,00,000/- I am inclined to think that it is not necessary to insist on solvent sureties. 3. But, it is seen that learned Chief Judicial Magistrate has not imposed appropriate conditions while directing release of the vehicle. Petitioner has to execute a bond undertaking to produce the vehicle as and when directed by the appropriate Court. Petitioner has also to produce self attested photographs of Crl.M.C.No.1750 of 2011 -: 2 :- the vehicle in different angles showing its registration number as well, so that, if necessary the same could be received as secondary evidence in the course of trial of the case. Petitioner shall undertake that he shall not transfer ownership or possession of the vehicle during the time the order remains in force. With the above direction, this petition is allowed and it is directed that instead of executing bond with two sureties it is sufficient that petitioner shall also comply with the conditions which I have stated above. Petitioner shall produce attested photocopy of the vehicular documents before the learned Chief Judicial Magistrate, Thrissur which shall be retained by the learned Chief Judicial Magistrate. The above directions shall be carried out by the petitioner before the Court to which the learned Chief Judicial Magistrate has transfer the case. (THOMAS P JOSEPH, JUDGE) Sbna/-