IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 Crl.MC.No. 3276 of 2011() ------------------------- AGAINST THE JUDGMENT/ORDER IN CMP.1693/2011 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KOTHAMANGALAM DTD.8.8.2011. .................... PETITIONER(S)/COMPLAINANT/PETITIONER :- -------------------------------------------------------------------- MUHAMMED SAJITH, S/O.ABDUL KHADER POOZHIYIL, P.K.HOUSE, KYVATTOM, THALASSERY P.O. BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENT(S)/RESPONDENT :- ----------------------------------------------- STATE OF KERALA, REP. BY THE S.I. OF POLICE, KUTTEMPUZHA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt Crl.M.C.No. 3276 of 2011 APPENDIX Petitioner's Exhibits :- Annexure A1 :- Copy of the order passed by the Judicial First Class Magistrate Court, Kothamangalam in Crl.M.P.No.1693/2011 in Crime No.101/2011 of Kuttempuzha Police Station, dated 8.8.2011. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3276 of 2011 ----------------------------------- Dated this the 3rd day of October 2011 O R D E R The petitioner, who is the registered owner of Bajaj Pulsur Bike bearing No.KL-41/D-9974 and Nizan Micra Car bearing No.KL-58/F-595, sought interim release of the vehicles under Sec.451 Cr.P.C. The learned Magistrate directed the petitioner to furnish a bank guarantee to the tune of Rs.1,00,000/-. The petitioner requests to modify that condition. 2. The learned Public Prosecutor now brought to my notice that the car mentioned in this petition and also the motor bike were attached by the Sub Court in connection with O.S.No.147/2011. That attachment is stated to be still in force. Therefore, the petitioner has to first get the attachment lifted or obtain appropriate order from the Sub Court and only thereafter he can request for modification to Crl.M.C. No.3276 of 2011 -: 2 :- get release of the vehicle/vehicles. Hence, no direction is now issued in this petition. This Crl.M.C. is closed with the above observations. N.K.BALAKRISHNAN, JUDGE. Jvt