IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 Crl.MC.No. 377 of 2010(B) ------------------------------------ [CMP.1868/2007 IN CMP.1810/2006 OF JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PONNANI] .................... PETITIONER/PETITIONER: -------------------------------------- M/S.SUNDARAM FINANCE LTD., 21, REPRESENTED BY ITS BRANCH MANAGER OF ERNAKULAM BRANCH MR.V.SATHISH KUMAR. BY ADV. MR.V.P.K.PANICKER. RESPONDENTS/1ST CR.PETITIONER & BORROWER: --------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. P.HAMZA, S/O.ALAVI HAJI, RESIDING AT PARAYARUKUNDIL HOUSE, CHOORAKODE, VALLAPUZHA, PALAKKAD. R1 BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR, R2 BY ADV. MR.K.B.ARUNKUMAR. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17/03/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.377 OF 2010 ------------------------------------------ Dated 17th March 2010 O R D E R By order in C.M.P.1810/2006 in crime No.186/2006, Judicial First Class Magistrate, Ponani granted interim custody of car No.KL-9/R-2653 to the petitioner under Section 451 of Code of Criminal Procedure on conditions. Subsequently petitioner filed C.M.P.1868/2007 for permission to sell the car. By Annexure-I order, learned Magistrate granted permission to sell but making it clear that vehicle shall be made available for trial and for that purpose publication of sale in the newspaper shall contain the details of the case and the necessity to produce the car before the court. This petition is Crmc 377/10 2 filed under Section 482 of Code of Criminal Procedure to delete those conditions contending that if the car is to be sold in public auction stating that it is to be produced before the Magistrate, nobody will purchase the vehicle and in such circumstances, the said condition is to be quashed. 2. Learned Public Prosecutor was directed to get instructions whether car KL-9/R-2653 is necessary for the purpose of trial in crime No.186/2006 as final report has already been submitted. Learned Public Prosecutor on instructions submitted that for the purpose of trial of that case the vehicle is not necessary. In such circumstances, I do not find that there is any necessity to Crmc 377/10 3 in-corporate the details of the present case or that the car is to be produced before the learned Magistrate. Hence conditions in Annexure-I order that publication in the newspaper shall mention involvement of car in crime No.186/2006 of Changaramkulam police station and that it is required to be produced before the court as when required and the purchaser shall produce it, stand deleted. The period fixed for sale in Annexure-I order will start to run from today. M.SASIDHARAN NAMBIAR, JUDGE. uj.