IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 WP(C).No. 30050 of 2010(E) --------------------------------------- PETITIONER: ------------------- PRAMOD.K, S/O.SETHUMADHAVAN, AGED 32 YRS., KALANKUNNATH HOUSE, PALLOOR P.O., VARAVATTOOR, THRISSUR DT. (RC OWNER OF KL-08 J/1809). BY ADV. SRI.SHOBY K.FRANCIS. RESPONDENTS: ------------------------ 1. THE SUB DIVISIONAL MAGISTRATE/RDO, THE OFFICE OF RDO, THRISSUR. 2. SUB INSPECTOR OF POLICE, ERUMAPPETTY POLICE STATION, ERUMAPPETTY, THRISSUR DISTRICT. R1 & R2 BY GOVT. PLEADER SRI. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.30050 of 2010 (E) --------------------------------- Dated, this the 30th day of September, 2010 J U D G M E N T What is sought for in the writ petition is modification of Ext.P2 order dated 22/09/2010 passed by the 1st respondent giving interim custody of the vehicle bearing registration No.KL-08 J 1809 to the petitioner, to the extent it requires that Bank Guarantee should be furnished for 70% of the value of the vehicle assessed. 2. Learned counsel for the petitioner submits that in the Full Bench judgment of this Court in Shan C.T. v. State of Kerala [2010(3) KHC 333], this Court has directed to furnish Bank Guarantee or immovable property as security. In that view of the matter, the petitioner seeks modification of Ext.P2 order. 3. It is true that in the judgment referred to above, such an option has been given, and it is only reasonable that in appropriate cases the owner of the vehicle is permitted to get the vehicle released on furnishing immovable property as security as against Bank Guarantee as ordered in the case. Having regard to the facts WP(C) No.30050/2010 -2- of this case, the 1st respondent is directed to permit the petitioner to get the vehicle released, if the petitioner is able to offer immovable property as security to the satisfaction of the 1st respondent for the value of the vehicle specified in Ext.P2 order. To that extent, Ext.P2 order will stand modified. The petitioner shall produce a copy of this judgment along wit a copy of this writ petition before the 1st respondent for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg