IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 Crl.MC.No. 1961 of 2011() ------------------------- CRMP.1540/2011 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR .................... PETITIONER/PETITIONER:- ------------------------------------- BENNY PHILIP,S/O.C.P.VARGHESE, CHERAMBATTE ,PANTHALAMPADAM, PANNIYANKARA,PALAKKAD. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.P.M.RAFIQ SRI.V.C.SARATH RESPONDENT/RESPONDENT:- ---------------------------------------- STATE OF KERALA,REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM, REP.THE SUB INSPECTOR OF POLICE,VADAKKANCHERRY POLICE STATION. BY PUBLIC PROSECUTOR SRI.VENUGOPALAN M.R. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 1961 of 2011() -------------- ------------------------- APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE-A: COPY OF THE ORDER IN CRL.MP.NO.1540/2011 OF THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE, ALATHUR DATED 25.5.2011. ANNEXURE-B: COPY OF THE ORDER IN BA.NO.3991/2011 DATED 1.6.2011 IN THIS HONOURABLE HIGH COURT. RESPONDENT'S ANNEXURES:- NIL. ( TRUE COPY ) P.A. TO JUDGE. Kvs/- BHABANI PRASAD RAY, J. = = = = = = = = = = = = = Crl.M.C.No.1961 of 2011. = = = = = = = = = = = = = Dated this the 4th July, 2011. O R D E R Heard the learned counsel for the petitioner and the learned Public Prosecutor for the State. 2. The petitioner has filed this application challenging the order in Crl.M.P.No.1540/2011 on the file of the Judicial Magistrate of the First Class, Alathur dated 25.5.2011 arising out of Crime No.287/2011 of Vadakkancherry Police Station rejecting an application filed under Section 457 of the Code of Criminal Procedure. After hearing the counsel, I direct to release the petitioner's vehicle bearing registration No.KL 49A 5400 on the petitioner furnishing a security bond for ` 1,00,000/- and to deposit ` 10,000/- subject to such other terms that the learned Magistrate may deem fit. The petitioner shall produce the vehicle as and when necessary before the Crl.M.C.No.1961 of 2011. 2 court. The Magistrate shall release the vehicle on being satisfied that the petitioner is the registered owner. The amount deposited in cash to be kept under Fixed Deposit during the pendency of the trial in the name of Judge-in- charge of Accounts. With the above direction, the Crl.M.C. is disposed of . BHABANI PRASAD RAY, (Judge) Kvs/-