IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 Crl.MC.No. 1903 of 2009() ----------------------------------- CMP.1134/2009 IN OR.10/09OF FOREST RANGE OFFICE, AGIANST OF JUDL.MAGISTRATE OF FIRST CLASS COURT, MANNARKAD .................... PETITIONER/ACCUSED: ---------------------------------- SURESH, AGED 28 YEARS, S/O. RAJAN, KUNNATH VEEDU, SHOLAYAOR. BY ADV. SRI.MANSOOR.B.H. RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING, FOREST RANGE OFFICER (OR.10/09) FOREST RANGE OFFICE, AGALAI. BY PUBLIC PROSECUTOR MR.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.1903 OF 2009 =========================== Dated this the 19th day of June,2009 ORDER Petitioner is the RC owner of KL-9.E.990 vehicle seized in Crime No.O.R.10/2009 of Forest Range Office, Agali. Petitioner filed C.M.P.1134/2009 for interim custody of the vehicle under section 451 of Code of Criminal Procedure. Learned Magistrate under Annexure II order granted interim custody on condition that petitioner shall furnish a bank guarantee of Rs.4 lakhs. This petition is filed under section 482 of Code of Criminal Procedure to modify the said condition contending that the vehicle is of 1998 model and will not fetch the said value and therefore it is too harsh. 2. Learned counsel appearing for the petitioner submitted that a direction to furnish bank guarantee of Rs.4 lakhs to a 1998 model vehicle is harsh and the bank guarantee is to reduced. Learned Public Prosecutor submitted that as per the mahazar prepared at the time of seizure the value is shown as Rs.1.5 lakhs. 3. In such circumstance, in the interest of Crl.M.C.1903/2009 2 justice the Annexure II order passed by the learned Magistrate is modified holding that petitioner need furnish only a bank guarantee of Rs.2 lakhs and execute a bond for the said amount with two solvent sureties and shall undertake not to transfer the vehicle and to produce it as and when directed. Petition is disposed accordingly. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006