IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 Crl.MC.No. 102 of 2008() ---------------------------- CMP NO. 3605/2007 & 3636/2007 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD IN CRL. NO. 525/2007 of KASARAGOD POLICE STATION PETITIONER: ------------ M/S.SREERAM TRANSPORT FINANCE COMPANY LTD., (FORMERLY SREERAM INVESTMENTS LTD.) REPRESENTED BY ITS POWER OF ATTORNEY HOLDER AND PRINCIPAL OFFICER, C.H.MAHESH KUMAR, LAND MARK CENTER, OPPOSITE NEW BUS STAND, KASARGODE. BY ADV. SRI.C.HARIKUMAR RESPONDENTS: ------------- 1. M.A.MUHAMMED SHAMEEM, S/O.N.I.ABOOBACKER KUNTIKANA HOUSE, ALAMPADY P.O., KASARGODE. 2. ABDUL KHADER, ARLADKA HOUSE, P.O.NEKRAJE. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031. BY ADV. SRI. NOBLE MATHEW, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No.102 of 2008 ========================== Dated this the 18th day of January, 2008. ORDER The petitioner, who is the financier in respect of a stage carrier bus bearing Registration No. KL-14C 7895 and who is the de facto complainant in crime No. 525/2007 of Kasaragod Police Station for offences punishable under Sections 120B, 418, 420, 406, 468 and 471 r/w Section 34 IPC, challenges Annexure A5 common order dated 13.09.2007 passed by the Chief Judicial Magistrate, Kasaragod granting interim custody of the vehicle to the 4th accused and rejecting the application for interim custody filed by the petitioner. 2. The question as to whether the offences including forgery have been committed in respect of the vehicle in question and if so the persons responsible for those offences will have to be considered only after the trial of the case. As between the two competing claims the learned Chief Judicial Magistrate was inclined to uphold the claim of the 4th accused from whose possession the vehicle was seized by the police at the instance of the petitioner herein. The 4th accused has been be directed to execute a bond for Rs.5 lakhs with two solvent sureties each for the said amount with a further condition that the vehicle shall be produced before the court as and when directed CRL. M.C. NO. 102/2008 : 2: without any alteration. The only other safeguard which is warranted is to impose the following two additional conditions:- 1. The 4th accused Abdul Khader shall not transfer the vehicle in question wholly or in part to any other person. 2. The 4th accused shall not allow the vehicle to be used for any illicit purpose. It is open to the petitioner herein to substantiate his contentions regarding the offences during the trial of the case. The interim custody ordered in favour of the 4th accused Abdul Khader will be subject to the final disposal of the case and subject to final orders to be passed under Section 452 Cr.P.C. This Crl. M.C is disposed of as above upholding the order passed by the Magistrate but subject to the aforementioned additional conditions. V. RAMKUMAR, JUDGE. rv CRL. M.C. NO. 102/2008 : 3: