IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 Crl.MC.No. 663 of 2010() ------------------------ CMP.3679/2009 of JUDL.MAGISTRATE OF FIRST CLASS, PALA .................... PETITIONER/PETITIONER ------------------------- M/S SUNDARAM FINANCE LTD., 21, PATTULOSE ROAD, CHENNAI, REPRESENTED BY SRI.S.RAMGOPAL, BRANCH MANAGER, C.V.BRANCH, ERNAKULAM. BY ADV. SRI.VPK.PANICKER RESPONDENTS/ CR.PETITIONERS ----------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SAJEEVU ABRAHAM, S/O.ABRAHAM, VALIAPARAMBIL, KOZHUVANAL, PALA. BY PUBLIC PROSECUTOR SRI. K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. --------------------------- CRL.M.C. No. 663 OF 2010 -------------------------- Dated this the 10th day of March, 2010 O R D E R Petitioner filed CMP No.3679/2009 under Section 451 of Code of Criminal Procedure for interim custody of the vehicle bearing registration number KL-35-3956, Mahindra Tourister. By order passed on 15.10.2009, interim custody was given on executing bond for Rs.5 lakhs with two solvent sureties, on condition that it shall be produced before the court as and when required. The case of the petitioner is that as interim custody is being given to a company, company obtained a bank guarantee and produced before the court but it is not being accepted. Petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-I order and to release the vehicle on furnishing the bank guarantee. 2. If the petitioner is producing the bank guarantee for the amount covered by the bond, I find no justification for the Magistrate in not releasing the vehicle. Petition is disposed of directing Judicial First Class Magistrate, Pala to accept the bank guarantee for Rs.5 lakhs and release the vehicle to the petitioner. M.SASIDHARAN NAMBIAR (JUDGE) vps Crl. M.C. No.663/2010 2