IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 Crl.MC.No. 2010 of 2008() ------------------------- Crl.M.C.744/08 OF SESSIONS JUDGE, THRISSUR CRIME NO.136/08 OF THRISSUR TOWN WEST POLICE STATION .................... PETITIONER: ACCUSED ------------------- JOHNSON P.GEORGE, AGED 33 YEARS, S/O.P.C.GEORGE, PALAPPURAM LANE, NR.HARISREE SCHOOL, PUNKUNNAM, THRISSUR DT. BY ADV. SRI.PRADEESH CHACKO RESPONDENTS: COMPLAINANT ------------------------ 1. SUB INSPECTOR OF POLICE, THRISSUR TOWN WEST POLICE STATION, THRISSUR. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.C.SANTHOSH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2010 of 2008 ------------------------------------- Dated this the 2nd day of June, 2008 ORDER Petitioner faces allegations in a crime registered alleging the offence punishable under Section 379 I.P.C. The allegations relate to a motor vehicle - a car. The petitioner's father is the defacto complainant. According to the petitioner, there is a dispute about the ownership/possession of the car and the petitioner is in legal possession with the right to possess. Apprehending arrest, the petitioner approached the learned Sessions Judge for anticipatory bail and the learned Sessions Judge by Annexure-II order granted anticipatory bail also. But certain conditions have been imposed and the petitioner has come to this Court with this Crl.M.C for modification/alteration of condition No.(ii), which reads as follows: “(ii) He shall place the car mentioned in the crime at the police station where the crime is registered which will be released to the appropriate party on disposal of the civil matters between them.” 2. The learned counsel for the petitioner submits that the petitioner is willing to comply with this condition, but submits that it would be harsh, unkind and insensitive to insist that the vehicle Crl.M.C. No.2010 of 2008 2 must remain in police custody till the civil disputes are finally settled. The petitioner shall produce the car. But it may be observed that such production is without prejudice to the right of the petitioner to claim release of the vehicle under Section 451/457 Cr.P.C. 3. I find merit in the prayer by the learned counsel for the petitioner. The learned Public Prosecutor does not also oppose the said prayer. 4. This Crl.M.C is, in these circumstances, allowed. The said condition No.(ii)is modified. It is directed that if the car is produced as directed in the said condition No.(ii), it shall be open to the petitioner to approach the learned Magistrate for interim release of the vehicle to his custody under Section 451/457 Cr.P.C and the learned Magistrate must dispose of the said petition in accordance with law expeditiously. The petitioner undertakes to produce the car before the Investigating Officer on 15.06.08. He is granted time till 15.06.08 to produce the car before the Investigating Officer. (R.BASANT, JUDGE) rtr/- Crl.M.C. No.2010 of 2008 3