IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 Crl.MC.No. 2172 of 2008() ------------------------- CMP.2053/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT - I, IDUKKI .................... PETITIONER(S): --------------- RPBIN XAVIER, AGED 55 YEARS, S/O.XAVIER, PULICKAL HOUSE, KOTHAMANGALAM MANAGING DIRECTOR, RELLANT HIRE PURCHASE COMPANY LTD., A.M.ROAD, KOTHAMANGALAM. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY S.I. OF POLICE KANJIKUZHI POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. FRANCIS, S/O.AUGUSTHY MATHEW KOLANGARATHOTTIYIL, RAJAPURAM PO., VATHIKUDY. 3. RAJASEKHARAN, S/O.DAMODARAN, KALAYATHIN- KAL HOUSE, ANAKKARA, ANAKKARA VILLAGE, KUMALI PUBLIC PROSECUTOR SRI.GIKKU JACOB SRI.S.RAJEEV FOR R2 SRI.RENJITH B.MARAR FOR R3 SRI.L.RAJESH NARAYAN FOR R3 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15/10/2008 ALONG WITH CRL.M.C.NO.2434/2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2172 & 2434 of 2008 ---------------------------------------- Dated this the 15th day of October 2008 O R D E R The petitioners in these Crl.M.Cs have come before this court to challenge the common order dated 6/6/2008 passed by the learned J.F.C.M-I, Idukki (Annexure A5 in Crl.M.C.No.2434/2008). The vehicle of which the petitioner in Crl.M.C.No.2434/2008 is the registered owner, the petitioner in Crl.M.C.No.2172/2008 is the financier and in which the common third respondent in both petitions had acquired rights under an agreement and which was seized by the police in crime No.61/2008 of Kanjikuzhi police station, was ordered to be released to the common third respondent herein subject to conditions. The registered owner as well as the second respondent financier are aggrieved by the said release in favour of the third accused. 2. When this petition came up for hearing today, the parties have struck a settlement and the common third respondent undertakes to pay the amount of Rs.5.5 lakhs to the financier on or before 15/11/2008. The petitioners in both cases Crl.M.C.No.2172 & 2434/08 2 agree that the said condition can be accepted and if that offer is complied with condition No.4 imposed as per the impugned order can be deleted. The petitioners in both cases submit that appropriate safeguards may be insisted to ensure that this condition is complied with. 3. I am satisfied, in these circumstances that these Crl.M.Cs can be allowed. Appropriate further conditions can be imposed and condition No.4 as per the impugned order can be deleted as agreed. 4. In the result, a) These Crl.M.Cs. are allowed. b) The direction to release the vehicle to the common third respondent is upheld subject to further conditions that the third respondent shall, on or before 15/11/2008, produce before the learned Magistrate a demand draft for Rs.5,50,000/- (Rupees five lakhs fifty thousand only) payable to the financier, that is the second respondent in Crl.M.C.No.2434/2008. If such payment is made, condition No.4 shall stand deleted and the court shall return the bank guarantee to the third respondent. 5. It is further directed that all parties shall appear before the learned Magistrate on 15/11/2008. If the condition Crl.M.C.No.2172 & 2434/08 3 regarding handing over of the demand draft is not complied with on that date, the third respondent must produce the vehicle before the learned Magistrate on that date. If this direction is not complied with, the learned Magistrate shall proceed to enforce the bond/bank guarantee executed/offered in pursuance of the impugned order and get the vehicle to the courts custody. The court shall further pass fresh orders regarding disposal of the vehicle to either of the two petitioners in these cases. Such order shall be passed after hearing all concerned and subject to appropriate conditions. 6. The learned counsel for the petitioners submit that if the demand draft is handed over as directed above, the petitioners herein shall ensure that all relevant documents - the registration certificate of the car as well as documents relating to insurance of the vehicle, shall be handed over to the learned Magistrate on 15/11/2008 with a request to release the same in favour of the third respondent herein. Hand over copy of this order to the learned counsel for the petitioners. (R.BASANT, JUDGE) jsr Crl.M.C.No.2172 & 2434/08 4 Crl.M.C.No.2172 & 2434/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008