IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 OP(Crl.).No. 3494 of 2011(Q) ---------------------------- CMP.1931/2011 of JUDL. MAGISTRATE OF FIRST CLASS, KOTHAMANGALAM .................... PETITIONER :- ----------------------- SHENOJ, S/O.SUKUMARAN, ANAMKUZHI HOUSE, METHALA PO, VIA KURUPAMPADY, KOTHAMANGALAM ERNAKULAM DISTRICT. BY ADV. SRI.R.MANOJ SMT.SINDHU MANOJ RESPONDENT(S) :- --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 16/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt OP(Crl.).No. 3494 of 2011 APPENDIX PETITIONER(S) EXHIBITS :- EXHIBIT P1 TRUE COPY OF THE CMP NO.1931 OF 2011 ON THE FILES OF THE JUDICIAL MAGISTRATE OF FIRST CLASS ,KOTHAMANGALAM. EXHIBIT P2 TRUE COPY OF THE ORDER IN CMP NO.1931/2011 ON THE FILES OF THE JUDICIL MAGISTRATE OF FIRST CLASS , KOTHAMANGALAM DATED 22/9/2011 RESPONDENTS' EXHIBITS :- NIL //True Copy// P.A. to Judge N.K.BALAKRISHNAN, J. -------------------------------- O.P.(Crl). No.3494 of 2011 ------------------------------------ Dated this the 16th day of November 2011 J U D G M E N T Petitioner claims to be the owner of a Tata Indica Car bearing No.KL-40-E-503. The vehicle was seized in connection with Crime No.756/2011 of Kothamangalam Police Station. The allegation was that this vehicle was used for kidnapping the de facto complainant and that the accused in that crime raped that girl from within the vehicle. The learned counsel for the petitioner submits that, the vehicle was seized on 30.7.2011. He filed an application under Sec.451 Cr.P.C. seeking interim custody of the said vehicle. That petition was dismissed by the learned Magistrate holding that if the vehicle is released, it would lead to disappearance of the evidence. 2. Though the learned Public Prosecutor has opposed the application, I find merit in the submission O.P.(Crl). No.3494 of 2011 -: 2 :- made by the learned counsel for the petitioner that if the vehicle is exposed to sun and rain, it will be completely ruined. Considering all the aspects, the vehicle is ordered to be released on the following conditions :- (i)The petitioner shall produce all vehicular documents showing his entitlement to get interim custody of the same. (ii)The petitioner will execute a bond for Rs.2,00,000/- (Rupees Two Lakhs only) with two solvent sureties each for the like amount. The sureties shall produce authenticated copies of the title deeds of their properties and also the recent basic tax receipts. (iii)The petitioner shall produce the vehicle before the Investigating Officer as and when required. (iv)The petitioner shall not sell or otherwise transfer possession of the vehicle till the disposal of the case or unless otherwise directed. O.P.(Crl). No.3494 of 2011 -: 3 :- (v)The petitioner shall produce the vehicle before the learned Magistrate as and when directed. N.K.BALAKRISHNAN, JUDGE. Jvt