IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 Crl.MC.No. 1429 of 2010() ------------------------- CMP.323/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR .................... PETITIONER(S): PETITIONER; --------------------------------------------- K.O.RAJAN NAMBIAR, S/O.NARAYANAN NAMBIAR, AGED 61 YEARS, NARAYANA NIVAS, MAYYIL, KANNUR DISTRICT. BY ADV. SRI.P.K.RAVISANKAR RESPONDENT(S): STATE: --------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1429 of 2010 = = = = = = = = = = = = = = Dated this the 25 th day of May, 2010 ORDER Petitioner, who claims to be the registered owner of a Tata Indica car bearing registration No.KL-59-1844, challenges Annexure D order dated 26.2.2009 as per which the petitioner has been directed to furnish the correct details of the said vehicle since the R.C.particulars of the vehicle as furnished by the Investigating Officer did not tally with the particulars given by the petitioner. The learned Magistrate in spite of allowing the interim custody of the vehicle to the petitioner, as per Annexure C order dated 30.1.2009 refused to release the vehicle in view of the difference in the R.C.particulars. 2. The learned Public Prosecutor on instructions submitted that a further probe in the matter has revealed that the vehicle in question belongs to the petitioner and the petitioner's vehicle was stolen from his house on 2.4.2008 and taken to Tamil Nadu, and the engine number and Chassis number were effaced and the Engine No. and Chassis No. of another car bearing registration No. TN 88- 4474 which was completely damaged in an accident had been substituted and that the petitioner is the Crl. M.C. No.1429 of 2010 2 registered owner of the car in question and there is no objection in granting interim custody of the vehicle to the petitioner. 3. The vehicle shall accordingly be released to the petitioner on interim custody on his executing a bond for Rs.2 lakhs with two solvent sureties each for the like amount to the satisfaction of the Magistrate and subject to the following conditions. 1.The vehicle shall not be tampered with or its present condition altered, nor shall it be transferred or given possession to anybody else. 2. The petitioner shall produce the vehicle before the court below as and when required. 3. The vehicle shall not be used for any illicit purpose. In case the vehicle requires repairs, the petitioner will be entitled to undertake the same and the aforementioned conditions will not preclude the petitioner from undertaking the repair to the vehicle and he shall report to the Magistrate the nature of repairs undertaken. Dated this the 25th day of May, 2010. V. RAMKUMAR, JUDGE sj