IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 Crl.MC.No. 1014 of 2009() ----------------------------------- CMP.282/2009 & 283/2009 OF JUDL. FIRST CLASS MAGISTRATE COURT-II, MAVELIKARA. ............... PETITIONER(S): ---------------------- REMADEVI, RESMI BHAVANAM, NEDUKULANJI, PALAMEL, PADANILAM, NOORANAD. BY ADV. MR.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SMT.SURYA SASI. RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA. 2. SHAJI, SHAFEEK MANZIL,ERUMAKUZHY MURI, NOORANAD.PO, PALAMEL VILLAGE. R1 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. R2 BY ADV. MR.P.SREEKUMAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 24/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.1014 of 2009 -------------------------- ORDER First respondent in C.M.P.No.282/2009 on the file of Judicial First Class Magistrate's Court-II, Mavelikkara is the petitioner and second respondent is the petitioner therein. Under Annexure-VII order, learned Magistrate granted interim custody of the vehicle JCB NL-2.D.2700, re-registered as KL-31/A 3992, to the second respondent. This petition is filed under Section 482 of Code of Criminal Procedure challenging that order contending that petitioner is the registered owner and hence, she is entitled to get interim custody of the vehicle. 2. Learned counsel appearing for the petitioner and second respondent submitted that the parties have agreed for a settlement and being the registered owner, petitioner will transfer her right in favour of the second respondent on CRMC 1014/09 2 receiving the consideration of Rupees Three lakhs and second respondent is prepared to pay that amount to the petitioner. It is also submitted that a conditional order be passed. In view of the submission, petition is disposed as follows: Second respondent to pay Rupees Three lakhs to the petitioner before 7.9.2009. If second respondent fails to pay that amount to the petitioner before 7.9.2009, Annexure-VII order will stand set aside. In that event, Judicial First Class Magistrate-II, Mavelikkara shall grant interim custody of the vehicle to the petitioner, on executing a bond for Rupees Three lakhs with two solvent sureties each for the like sum. On receipt of the agreed amount of Rupees Three lakhs, petitioner shall handover all the vehicular documents to the second respondent forthwith. 24th August, 2009 (M.Sasidharan Nambiar, Judge) tkv