IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 Crl.MC.No. 3043 of 2011 -------------------------------- CRIME 290/2010 of KUTTIPPURAM POLICE STATION CMP 3183/2011 of JFCM TIRUR ............ PETITIONER/PETITIONER/ACCUSED NO.21: N.RAJU, S/O.RAMANKUTTY, NULLIPRA HOUSE, THELAKKADU PO, PACHEERI, PERITHALMANN MALAPPURAM DISTRICT. BY ADV. SRI.K.M.JAMALUDHEEN RESPONDENT/RESPONDENT/STATE: THE STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX IN CRMC 3043/2011 ANNEXURE A TRUE COPY OF THE ORDER IN CRLMP 3183/2011 IN CRIME 290/2010 DT. 7.6.2011 OF JFCM TIRUR /TRUE COPY/ N.K.Balakrishnan, J. ------------------------------------------- Crl.M.C.No.3043 of 2011 ------------------------------------------- Dated this the 28th day of September, 2011 ORDER This petition is filed challenging Annexure-A order passed by the Judicial First Class Magistrate, Tirur, by which the request of the petitioner for interim custody of the vehicle KL- 10/C 2786 was rejected. It is alleged that the said vehicle was used for transporting spurious liquor. In the tragedy so many persons happened to die. 2. Learned counsel for the petitioner submits that no confiscation proceedings was initiated till date and if the vehicle is exposed to sun and rain, it will be ruined completely. It is submitted that petitioner is ready to offer bank guarantee for getting interim custody of the vehicle. Since keeping the vehicle idle, exposed to sun and rain, it will be damaged, I think it is just and proper that the vehicle is given interim custody on the following conditions: Petitioner shall furnish bank guarantee to the tune of Rupees Four lakhs. The bank guarantee shall be renewed from time to time unless otherwise directed by the learned CRMC 3043/2011 2 Magistrate. Petitioner shall produce the Registration Certificate and other documents in respect of the vehicle for getting release of the vehicle. Petitioner shall also execute a bond for Rupees One lakh undertaking to produce the vehicle as and when required, in addition to the bank guarantee mentioned above. This petition is disposed of as above. (N.K.Balakrishnan, Judge) tkv