IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 Crl.MC.No. 2658 of 2009() ------------------------- CMP.4984/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, TRIVANDRUM .................... PETITIONER(S): -------------------------- PRATHAP.A.R,S/O.ROBERT SAM RAJ, T.C.NO.14/618(1),KBAC JUNCTION,NANDAVANAM, VIKAS BHAVAN.P.O,THIRUVANANTHAPURAM. BY ADVS. MR.ZAKEER HUSAIN M.K. MR.THIRUMALA P.K.MANI. RESPONDENT(S): ---------------------------- 1. C.I.OF POLICE,TRAFFIC POLICE STATION, THIRUVANANTHAPURAM. 2. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2658 of 2009 -------------------------- ORDER Stage carriage bus KL-01/AA 9318, involved in a motor accident causing death of one person, was seized and produced before the court in Crime No. 2139/2009 of City Traffic Police Station, Thiruvananthapuram. Petitioner, the registered owner of the bus, filed C.M.P.No.4984/2009 before Judicial first Class Magistrate's Court-I, Thiruvananthapuram under Section 451 of Code of Criminal Procedure for interim custody of the vehicle. Under Annexure-A1 order, learned Magistrate granted interim custody of the vehicle on conditions. This petition is filed under Section 482 of Code of Criminal Procedure to quash the conditions. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. CRMC 2658/09 2 3. Under Annexure-A1 order, in addition to a bond of Rs.50,000/-, petitioner was directed to deposit Rs.50,000/- or produce bank guarantee for the like sum. It was also provided that if the bus is involved in another fatal accident, the bond shall be forfeited. The other condition was to engage a driver, having not less than ten years experience, to drive the vehicle. 4. Argument of the learned counsel is that conditions to deposit Rs.50,000/-, to engage a driver having not less than ten years experience and to forfeit the bond are illegal and beyond the scope of Section 451 of Code of Criminal Procedure and are to be quashed. Learned Public Prosecutor pointed out that including the present accident, the bus was involved in five other accidents, out of which, apart from the present incident, there was another fatal accident and in such circumstances, learned Magistrate was justified in imposing the conditions. CRMC 2658/09 3 5. When a particular bus was involved in accidents after accidents, learned Magistrate was justified in imposing conditions so as to prevent recurring of such accidents due to the rash and negligent driving for the safety of the public. Viewed from that angle, the condition imposed to engage a driver having not less than ten years experience is perfectly justifiable and warrants no interference. 6. But, I find no justification for directing the petitioner to deposit Rs.50,000/- or to furnish bank guarantee for the like sum. Instead, petitioner could have been directed to execute a bond for Rupees Two lakhs with two solvent sureties each for the like sum to the satisfaction of the Magistrate. So also the direction to forfeit the bond in case of future accident is also unjustifiable. It is made clear that if the bus is again involved in a fatal accident, Magistrate is competent to impose any condition, while granting CRMC 2658/09 4 interim custody. 7. Annexure-A1 order is modified and learned Magistrate is directed to grant interim custody of the vehicle to the petitioner on executing a bond for Rupees Two lakhs with two solvent sureties each for the like sum to the satisfaction of the Magistrate, on condition that petitioner shall engage a driver having not less than ten years experience and that petitioner shall report the details of the driver to the Station House Officer, City Traffic Police Station, Thiruvananthapuram as provided under Annexure-A1 order. If the petitioner is not in a position to get an experienced driver as directed and satisfy the Magistrate that an experienced driver is not available, Magistrate may modify the said condition later. Petition is disposed. 19th August, 2009 (M.Sasidharan Nambiar, Judge) tkv