IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 Crl.MC.No. 1781 of 2011() -------------------------------------- CRIME NO.301/2010 OF KUNNAMANGALAM POLICE STATION ---------------------- PETITIONER(S): ------------------------ ABU.C.K., S/O.IMBICHI KOYA, 7/162, CHERUPPUKALATHIL HOUSE, KUNNAMANGALAM P.O., KOZHIKODE DISTRICT, PIN-673 571. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): STATE & COMPLAINANT: ---------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-PIN- 682 031. 2. SUB INSPECTOR OF POLICE, KUNNAMANGALAM, PIN-673 571, KOZHIKODE DISTRICT. R1 & R2 BY PUBLIC PROSCECUTOR SRI.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.1781/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE-1: COPY OF THE EXTRACT OF THE REGISTRATION CERTIFICATE RELATING TO LORRY NO.KA-0ID-1409. ANNEXURE-II: COPY OF THE FIRST INFORMATION REPORT RELATING TO CRIME NO.301/2010 OF KUNNAMANGALAM POLICE STATION. ANNEXURE-III: COPY OF THE REPORT DATED 17/07/2010 FILED BY THE SUB INSPECTOR OF POLICE KUNNAMANGALAM IN CMP NO.3977/2010 IN CRIME NO.301/2010 OF KUNNAMANGALAM POLICE STATION. ANNEXURE-IV: COPY OF THE REPORT OF INSPECTION FILED BY THE ASSISTANT MOTOR VEHICLE INSPECTOR, KODUVALLY IN CONNECTION WITH CRIME NO.301/2010 OF KUNNAMANGALAM POLICE STATION. ANNEXURE-V: COPY OF THE ORDER PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMANGALAM MADE IN CMP.NO.3977/2010 IN CRIME NO.301/2010 OF KUNNAMANGALAM POLICE STATION. ANNEXURE-VI: COPY OF THE ORDER PASSED IN CMP.NO.4466/2010 IN CRIME NO.301/2010. ANNEXURE-VII: COPY OF THE ORDER MADE IN CRL.M.C.NO.3502/2010 DATED 23/09/2010. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.S.TO.JUDGE sts THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1781 of 2011 -------------------------------------- Dated this the 15th day of June, 2011. ORDER Petitioner claims to be the registered owner of lorry bearing No.KA-01D- 1409. On learned Judicial First Class Magistrate, Kunnamangalam refusing to give interim custody of the said vehicle petitioner challenged that order in Crl.M.C.No.3502 of 2010 in this Court. This Court as per order dated September 23, 2010 allowed that case. The vehicle was ordered to be put in custody of petitioner subject to certain conditions. One of the conditions was that petitioner furnished bank guarantee for Rupees four lakhs and executed bond for Rupees three lakhs with two solvent sureties for the like sum each to the satisfaction of learned Magistrate. Petitioner says that he is unable to comply with the said condition. It is submitted that investigation of the case is over and hence there is no necessity to keep the vehicle in custody. 2. This Court has already granted interim custody of vehicle to the petitioner subject to satisfaction of condition imposed vide the order dated September 23, 2010. If petitioner wishes to get custody of the vehicle he has to comply with the said condition or challenge the said condition before appropriate court. Petitioner cannot ask for a further order from this Court for custody of vehicle. Crl.MC No.1781/2011 2 Without prejudice to other rights if any of petitioner this Criminal Miscellaneous Case is closed. THOMAS P.JOSEPH, Judge. cks