IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 Crl.MC.No. 14 of 2008() ----------------------- CRIME NO. 888 OF 2007 0OF MALAPPURAM POLICE STATION PETITIONER: PETITIONER ---------------------- NOUSHAD,S/O. ABOOBAKCER PULLISSERY PARAMBIL HOUSE PARAPOOR, THIROORANGADI MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: RESPONDENTS ------------------------ THE STATE OF KERALA ,REPRESENTED BY THE SUB INSPECTOR OF POLICE MALAPPURAM POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM KOCHI-31. BY PUBLIC PROSECUTOR SRI. PUZHAKKARA MUHAMMED THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C. No. 14 of 2008 = = = = = = = = = = = = = = Dated : 2nd January 2008 ORDER Heard both sides. 2. The petitioner who is the transferee of a Toyota Innova Car, bearing Reg. No. KL-10X 3003 which was seised on 2-11-2007 by the Sub Inspector of Police, Malappuram, in connection with Crime No. 888 of 2007 for an offence punishable under Sec. 55 (a) of the Abkari Act read with Sec. 201 I.P.C. challenges the order dated 13-12-2007 passed by the J.F.C.M., Malappuram refusing interim custody of the vehicle in a petition filed under Sec. 457 Cr.P.C.. In the light of the decision of the Apex Court in Sundar Bhai Ambalal Desai v. State of Gujarat (2002 (10) SCC 283), I am inclined to order interim custody of the vehicle but subject to the following conditions:- “ The vehicle in question shall be released on interim custody on condition that the petitioner furnishes bank guarantee for a sum of Rs. 5,00,000/- (Rupees five lakhs only) and on his executing a bond Crl.M.C. No. 14 of 2008 2 to the satisfaction of the Magistrate undertaking that he shall not use the vehicle for any illegal activity, that he shall not transfer the vehicle or entrust the vehicle with strangers and that he shall keep custody of the vehicle in the same condition in which it is handed over to him and further that he shall produce the vehicle as and when required by the police or the learned Magistrate. This Crl. M.C. is disposed of as above. V. RAMKUMAR, JUDGE ani.