IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 Crl.MC.No. 1778 of 2009() ------------------------- CMP.6358/2008 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... (CRIME NO.300/2007 OF FEROKE POLICE STATION) PETITIONER(S): PETITIONER: -------------------------------------------- YOUSAF @ BICHAPPU, S/O.MUHAMMED, KALANGADAN HOUSE, MORAYOOR, ERNAD THALUK, MALAPPURAM DISTRICT. BY ADV. MR.BABU S. NAIR RESPONDENT(S): RESPONDENT/STATE: ------------------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE,FEROKE POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI – 31. BY PUBLIC PROSECUTOR MR. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 1778 OF 2009 ------------------------------------------ Dated 5th June 2009 O R D E R Under Order Dated 25/3/2009 Judicial First Class Magistrate-V, Kozhikode allowed C.M.P6358/2008 filed by the petitioner for interim custody of Scorpio Car No.KL-7/AK-4189 on certain conditions. Condition No.2 is to deposit a cash security of Rs.1,00,000/-. It is in addition to execution of bond for Rs.5,00,000/- with two solvent sureties. This petition is filed under Section 482 of Code of Criminal Procedure to quash the condition to deposit cash security of Rs.1,00,000/- contending that said condition is too onerous. It is contended that when the registered owner admitted before the court that the vehicle was sold to the petitioner, learned Magistrate should not have imposed a condition to deposit cash security. 2. On hearing the learned counsel and learned Public Prosecutor, I find that condition to deposit cash security of Rs.1,00,000/- is too onerous. CRMC 1778/09 2 Interest of justice will be met, if a direction is given to furnish security of Rs.1,00,000/- to the satisfaction of the Magistrate inclusive of immovable property and also an undertaking before the court not to transfer the vehicle without permission of the court till the disposal of the case. M.SASIDHARAN NAMBIAR, JUDGE. uj.