IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 Crl.MC.No. 3606 of 2011() ----------------------------------- CMP.1358/2011 of JUDL.MAGISTRATE OF FIRST CLASS, KOLENCHERRY .................... PETITIONER(S): CLAIM PETITIONER ------------------------------------------------------ SAJAN, AGED 24, S/O RAVI, KANNAPARAMBIL HOUSE, NELLIKUZHY P.O, ERAMALLOR VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.BENNY VARGHESE SRI.SHAJI THANKAPPAN SRI.PRAMOD KOCHUTHOMMEN.E. RESPONDENT(S): RESPONDENTS -------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, PUTHENCURUZ POLICE STATION, ERNAKULAM DIST. BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss APPENDIX PETITIONER(S) ANNEXURES A1:-CERTIFIED COPY OF THE ORDER IN C.M.P. 1358/11 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT KOLENCHERY IN CRIME NO.213/2011 OF PUTHENCURUZ POLICE STATION. A2:-TRUE COPY OF THE R.C. BOOK OF THE MOTOR CYCLE BEARING REGISTRATION NO. KL.44-9586 ISSUED BY THE R.T.O, KOTHAMANGALAM. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3606 of 2011 ----------------------------------- Dated this the 31st day of October 2011 O R D E R Petitioner is the 3rd accused in Crime No.213/2011 of Puthencurz Police Station. The crime was registered against him and other accused persons alleging offences punishable under Secs.381, 461 and 411 r/w Sec.34 IPC. The allegation against this petitioner is that he assisted the first accused to make a duplicate key of the store room for committing theft of the properties from inside the company. In connection with that crime a motor cycle bearing No.KL- 44-9586 was seized from the possession of the accused. An application was filed by the petitioner for getting interim custody of the vehicle. Though his request for interim custody of the mobile phone and other properties were allowed, this vehicle was not ordered to be given interim custody on the ground that this vehicle was, according to Crl.M.C. No.3606 of 2011 -: 2 :- the prosecution, purchased by using the money he got by sale of the stolen articles. 2. The learned counsel for the petitioner submits that the incident in this case took place on 4.6.2011 whereas this vehicle (motor cycle) was purchased on 14.8.2009 as can be seen from Annexure A2, a copy of the R.C. The learned counsel further submits that if the motor cycle is kept idle exposed to sun and rain, it will be ruined completely. Hence, this Crl.M.C. is disposed of with a direction to the learned Magistrate to release the motor cycle to the petitioner on the following conditions :- (i)Petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like amount. Petitioner or one of the sureties shall produce original title deed which after verification can be allowed to be substituted with attested photocopy and also the recent basic tax Crl.M.C. No.3606 of 2011 -: 3 :- receipt. (ii)He will file an affidavit undertaking that he will not sell or transfer possession of the vehicle till the disposal of the case without getting permission of the court. (iii)He will produce the vehicle as and when directed by the trial court. N.K.BALAKRISHNAN, JUDGE. Jvt