IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 Crl.MC.No. 3625 of 2011() ------------------------- AGAINST THE ORDER DATED 08/07/2010 IN CMP 1610/2010 IN CC.109/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PONNANI .................... PETITIONER/PETITIONER: --------------------------------------- KADAPURAKATHU ZACHARIA 35 YEARS, S/O.NAZAR, KADAVANAD AMSOM PUTHUPONNANI DESOM, PONNANI TALUK. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT/STATE: ------------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SUB INSPECTOR OF POLICE, PONNANI POLICE STATION PONNANI 679 577, MALAPPURAM DISTRICT. R1 BY SRI.RAJESH VIJAYAN, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JV CRMC NO: 3625/2011 ANNEXURE PETITIONER'S ANNEXURE: A1: COPY OF THE PETITION DATED 18.06.2010 IN CMP 1610 OF 2010 IN CC NO: 1 09/2010 FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, PONNANI A2: COPY OF THE ORDER IN CMP NO: 1610 OF 2010 IN CC NO: 109/2010 OF THE JUDICIAL FIRST CLASS MAGISTRATE, PONNANI DATED 08.07.2010 RESPONDENT'S ANNEXURE: NIL /TRUE COPY/ P.A. TO JUDGE JV N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3625 of 2011 ----------------------------------- Dated this the 23rd day of December 2011 O R D E R Petitioner is alleged to be the RC owner of vehicle bearing No.KL 14 E 2656. It was seized by the police in connection with the investigation in Crime No.364/2006. It was stated that so many vehicles involved in theft cases were seized. The engine number and chassis number of the vehicle seized from the possession of the petitioner were stated to have been tampered with. 2. Learned Public Prosecutor submits that the scientific examination has already been done with respect to the tampering of the engine number, chassis number etc. The learned Magistrate earlier issued interim release of the vehicle to the petitioner but the RC of the vehicle was not released to the petitioner. The request for release of the RC was turned down by the court below on the ground that the original RC itself is necessary at the time of trial for proper appreciation of the evidence. The petitioner undertakes that he will surrender the Crl.M.C. No.3625 of 2011 -: 2 :- RC as and when directed by the court. Since the vehicle has already been ordered to be released to the petitioner, without the RC, the petitioner may not be in a position to use the vehicle. Hence, this Crl.M.C. is disposed of with the following directions :- After substituting the certified photocopy of the RC (all the pages), the original RC shall be released to the petitioner. Petitioner will execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties each for the like sum. He will undertake to produce the RC before the court or before any other officer as directed by the court. The petitioner shall not transfer possession of the vehicle or be subject to hypothecation nor shall any over writings/inter- delineations or any thing of that sort be made on the original RC or on the engine number or chassis number of the vehicle. N.K.BALAKRISHNAN, J UDGE. Jvt