IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 Crl.MC.No. 3240 of 2011() ------------------------- CMP.1855/2011 of JFCM-KOTHAMANGALAM .................... PETITIONER(S): CLAIM PETITIONER ------------------------------- N.S. BASHEER, S/O. SYED MUHAMMED, RESIDING AT NELLIMATTATHIL HOUSE, CHERUVATHOOR KARA, ERAMALLOOR VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): STATE AND COMPLAINANT ------------------------------------ STATE OF KERALA, REP.BY C.I OF POLICE, KOTHAMANGALAM P.S (INVESTIGATION OFFICER IN CRIME NO. 756/11 OF KOTHAMANGALAM P.S) REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, SHANMUGHAM ROAD, ERNAKULAM, COCHIN - 682 031. BY ADV.SMT.R.REMA, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/10/2011, ALONG WITH CRMC NO. 3282 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3240 of 2011() APPENDIX PETITIONER(S) EXHIBITS : ANNEXURE-A1-TRUE COPY OF THE ORDER DATED 26/08/2011 OF JFCM, KOTHAMANGALAM IN CMP NO. 1855/2011 RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A.TO JUDGE ami/ N.K.BALAKRISHNAN, J. ------------------------------- Cr.M.C.Nos.3240 and 3282 of 2011 ------------------------------- Dated this the 21st day of October, 2011. O R D E R The vehicles involved in this petitions were seized by the Investigating Officer in connection with Crime No.756/11 of Kothamangalam Police Station which was registered under Sections 366-A, 372, 373, 376, 376(2)(f), 354, 34 of IPC r/w S.23 of Juvenile Justice Act, 2000. The application for release of the vehicles were dismissed by the learned Magistrate since the investigation was not completed. 2. Learned Public Prosecutor, on instructions, submits that scientific test has been conducted but the result is awaited. Though the result is not yet received, it is not necessary to keep the vehicle idle without being released to the parties who are entitled to get possession of the same. In these circumstances, the vehicles are ordered to be released on following conditions :- 2 Cr.M.C.Nos.3240 and 3282 of 2011 1. The vehicles shall be released to the respective claimants on production of the documents showing their entitlement to get interim release of the vehicles. 2. The claimants/petitioners should furnish security as bank guarantee or execute bond ; by the petitioner and two solvent sureties to the tune of Rs.2 lakhs. The petitioner or one of the sureties should produce the original title deed besides the tax receipts. The petitioner or one of other sureties should also produce attested copy of the title deeds. The petitioners will undertake that he will produce the vehicles as and when directed by the learned Magistrate. N.K.BALAKRISHNAN Judge. ami/