IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 Crl.MC.No. 1861 of 2011() ------------------------------------ CRMP.8687/2010 & 8688/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR CRIME NO.904/2010 OF THRISSUR WEST POLICE STATION. .................... PETITIONER(S): ----------------------- M/S. INDUS IND BANK LTD., "SHALOM TOWERS", 34/138-D, BYE PASS NORTH END, EDAPPALLY, KOCHI-682 024, REPRESENTED BY ITS LEGAL EXECUTIVE PARTHEESH S. BY ADV. SRI.G.HARIHARAN, SRI.PRAVEEN.H. RESPONDENTS/STATE & COMPLAINANTS -------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2. SUB INSPECTOR OF POLICE, THRISSUR WEST POLICE STATION, THRISSUR. 3. CIRCLE INSPECTOR OF POLICE, THRISSUR WEST POLICE STATION, THRISSUR. 4. SHYLAJA, PULICKAL HOUSE, VIDYA NAGAR, THRIKKUMARAKOODAM, THRISSUR-3. 5. SUNITHA JOSEPH, W/O. JOSEPH, VELIYIL HOUSE, THUMPOLY P.O., ALAPPUZHA DISTRICT. R1 TO R3 BY PUBLIC PROSECUTOR MR.JAYASURYA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 1861 of 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE-I: COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE NO. KL-04-Y-5315. ANNEXURE-II: COPY OF THE COMMON ORDER DATED 01/01/2011 MADE IN CRL.M.P.NO.8687/2010 AND 8688/2010 BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, THRISSUR. ANNEXURE-III: COPY OF THE STATEMENT OF THE ACCOUNT RELATING TO THE ARREARS OF THE AMOUNT DUE ON VEHICLE NO.KL-04Y-5315. RESPONDENTS ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE rs THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1861 of 2011 -------------------------------------- Dated this the 22nd day of June, 2011. ORDER Petitioner claims to be financier of the vehicle involved in Crime No.904 of 2010 of Thrissur West Police Station which was the subject matter of a common order passed by learned Judicial First Class Magistrate-II, Thrissur on Crl.M.P.Nos.8687 of 2010 and 8688 of 2010. The common order was challenged in this Court in Crl.M.C.No.938 of 2011. This Court disposed of the said proceeding by order dated March 30, 2011. According to the petitioner, more than `.4.25 lakhs is due to it as on 17.06.2011 and the impugned order was passed by the learned Magistrate without notice to the petitioner with which the vehicle is hypothecated. Learned counsel submitted that even the bond which learned Magistrate directed the fourth respondent to execute is only for Rupees three lakhs whereas more than `.4.25 lakhs is due to the petitioner. 2. The common order in Crl.M.P.Nos.8687 and 8688 of 2010 was confirmed by this Court in Crl.M.C.No.938 of 2011 subject to certain further conditions mentioned in the order. While disposing of Crl.M.C.No.938 of 2011 the fifth respondent pointed out that certain amount was due to the financier in respect of the vehicle in question and she expressed willingness to clear that liability. The fourth respondent submitted that she is prepared to clear the liability if any. Accordingly fourth respondent was permitted to clear the liability Crl.MC No.1861/2011 2 and in case she did not do that, it was made clear that the fifth respondent could do so and if ultimately it was found necessary, realise such amount from the fourth respondent. 3. What the learned Magistrate has decided is only regarding interim custody of the vehicle. If petitioner has any right as against the vehicle involved in Crime No.904 of 2010 of Thrissur West Police Station it is open to the petitioner to seek appropriate relief in the matter, as provided under law. With the above observation, this Criminal Miscellaneous Case is closed. THOMAS P.JOSEPH, Judge. cks