IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 Crl.MC.No. 2496 of 2008() -------------------------------------- (CRIME NO.471/2007 OF ERNAKULAM TOWN NORTH POLICE STATION) PETITIONER: -------------------- HDFC BANK LTD., MATHER SQUARE, OPP. RAILWAY STATION, ERNAKULAM REPRESENTED BY ITS POWER OF ATTORNEY HOLDER, SUMITH. BY ADV. SRI.PRADEESH CHACKO RESPONDENTS: COMPLAINANT: ------------------------------------------------- 1. SUB INSPECTOR OF POLICE, ERNAKULAM TOWN ORTH POLICE STATION, THRISSUR. 2. TH MANAGER, DUROLACK, INDUSTRIAL DEVELOPMENT PLOT, ANGAMALY SOUTH, ERNAKULAM DISRICT. 3. STATE OFKERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 30/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2496 of 2008 ------------------------------------------------- Dated this the 30th day of July, 2008 ORDER The petitioner is the de facto complainant in a crime registered alleging the offence punishable, inter alia, under Sec.420 IPC. The petitioner had allegedly advanced amounts to the 2nd respondent who is the registered owner in respect of 24 motorcycles. The alleged offences under Secs.420 and 406 IPC were committed in respect of these 24 motorcycles. 13 of those 24 motorcycles have been seized. The petitioner applied for release of the motorcycles and by an order of the learned Magistrate, the vehicles have already been released to and are in the possession of the petitioner. According to the petitioner, a large amount of money is due from the 2nd respondent. The amounts have not been paid. The petitioner has the right to Crl.M.C. No. 2496 of 2008 -: 2 :- bring the articles to sale. The petitioner had executed bonds and the vehicles were released to him. The petitioner went before the court below with a prayer that there may be a direction permitting him to sell the vehicles. Endless retention in custody of the 13 motorcycles seized would lead to damage and deterioration of the vehicles and such consequences will not help the case of any one concerned. In these circumstances, it was prayed that the vehicles may be permitted to be sold. 2. Notice was ordered to the 2nd respondent. The 2nd respondent did not appear or raise any objection before the learned Magistrate. But still the learned Magistrate felt that it is not necessary to grant permission to the petitioner to sell the articles and release the sale proceeds. 3. The learned counsel for the petitioner prays that the impugned order may be set aside and the petitioner may be permitted to sell the motorcycles. The petitioner shall ensure that the same is sold for the maximum price which it would fetch in public auction, submits counsel. 4. Having considered all the relevant inputs, I am satisfied that the impugned order can be set aside and the petition can be allowed subject to appropriate safeguards. Crl.M.C. No. 2496 of 2008 -: 3 :- 5. In the result: (a) This Crl.M.C. is allowed. (b) The impugned order is set aside. (c) The petitioner is granted permission to dispose of the 13 motorcycles released to him in public auction after giving specific notice of 30 days to the 2nd respondent conveying the details of the proposal to sell the vehicles in public auction. 6. It is further clarified that notwithstanding the permission granted to the petitioner to dispose of the 13 motorcycles, the petitioner must before conducting the sale by auction file an undertaking before the learned Magistrate to pay the entire amount due under the bonds executed as and when directed by the learned Magistrate notwithstanding the disposal of the vehicles. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 2496 of 2008 -: 4 :- Crl.M.C. No. 2496 of 2008 -: 5 :- R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2496 of 2008 ------------------------------------------------- Dated this the 3rd day of July, 2008 ORDER Heard. Admitted. Notice given and the learned Public Prosecutor appears for respondents 1 and 3. Issue notice to R2 by speed post with acknowledgment due. Put up after service is complete. (R. BASANT, JUDGE) Nan/