IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 Crl.MC.No. 2783 of 2011 -------------------------------- CMP.1680/2011 of JFCM KOTHAMANGALAM .................... PETITIONER/PETITIONER: BIJU, AGED 44 YEARS, S/O.BHASKARAN, NEDUMPILLYKUDIYIL HOUSE, PALAMATTOM P.O., KOTHAMANGALAM. BY ADV. SRI.M.S.UNNIKRISHNAN SRI.P.FAZIL SMT.JAYASREE MANOJ SRI.SREEJITH V.S. SRI.K.SUNIL RESPONDENT/RESPONDENT: STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTO SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX IN CRMC 2783/2011 ANNEXURE-A1 TRUE COPY OF THE CMP 1680/2011IN CRIME 756/2011 ON THE FILE OF JFCM KOTHAMANGALAM ANNEXURE-A2 TRUE COPY OF THE APPLICATION/OBJECTION FILED BY SI OF POLICE DT. 2.8.2011 BEFORE JFCM KOTHAMANGALAM ANNEXURE-A2(a) TRUE MALAYALAM TRANSLATION OF ANNEXURE-A2 ANNEXURE-A3 TRUE COPY OF THE ORDER OF JFCM KOTHAMANGALAMDT. 3.8.2011 IN CRIME 756/2011 OF KOTHAMANGALAM POLICE STATION /TRUE COPY/ N.K.Balakrishnan, J. ------------------------------------------- Crl.M.C.No.2783 of 2011 ------------------------------------------- Dated this the 26th day of September, 2011 ORDER Petitioner filed an application under Section 451 of Code of Criminal Procedure before the Judicial First Class Magistrate, Kothamangalam seeking interim custody of Tata India Car bearing Reg.No.KL-05/S 978. The vehicle was seized in connection with Crime No.756/2011 alleging commission of offences under Sections 366(A), 372, 373, 376, 376(2)(g) and 354 read with Section 34 of Indian Penal Code. Learned Magistrate rejected the petition for interim custody on the ground that investigation was not complete. 2. Learned counsel for the petitioner submits that the vehicle was seized on 9.7.2011. It is kept idle, exposed to sun and rain. Learned Public Prosecutor submitted that scientific examination of the vehicle has already been conducted. 3. What is sought is only interim custody of the vehicle. I am of the opinion that keeping the vehicle idle will cause damage to it. Petitioner is not an accused. He is only a purchaser of the vehicle and he was unaware of the crime mentioned above. CRMC 2783/2011 2 Hence, interim custody of the vehicle is to be given to the petitioner on the following conditions: Petitioner will produce the Registration Certificate and other documents pertaining to the vehicle so as to establish his right to get the vehicle under interim custody. Petitioner shall execute a bond for Rupees Two lakhs with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. Sureties shall produce the original title deed and if the Magistrate is convinced of the documents, the original title deed shall be returned after retaining an attested photocopy of the same. If the above conditions are complied with, the vehicle shall be released to the petitioner after 03.10.2011 only. (N.K.Balakrishnan, Judge) tkv