IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 Crl.Rev.Pet.No. 604 of 2008() ----------------------------- CMP.376/2008 of JUDL. MAGISTRATE OF FIRST CLASS, MALAPPURAM .................... REVN. PETITIONER: RESPONDENT: --------------------------------------- LATHEEF, S/O. ABDULLA KUTTY, CHAKKALAKKAL HOUSE, PUNCHAPADAM, VAZHAYOOR, MALAPPURAM DISTRICT. BY ADV. SRI.DILIP MOHAN RESPONDENTS: RESPONDENTS: ------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, VAZHAKKAD POLICE STATION, MALAPPURAM DISTRICT. 3. M/S. SRI INFRASTRUCTURE FINANCE LTD., VISWAKARMA, 86C, TOPSIA ROAD, KOLKATA-700 046, REPRESENTED BY ITS AUTHORIZED OFFICER, MR.RATEESH K., S/O. VIJAYAN, AVARAKANDI HOUSE, MADAPPURA, CHIRAKAL, KANNUR. R3 BY ADV. SRI.P.K.SURESH KUMAR SMT.PRIYA VIJAYAN SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 604 of 2008 ========================== Dated this the 4th day of April, 2008. ORDER The petitioner, who is the registered owner of a JCB excavator bearing registration No. KL-IX/AA 1550, challenges the common order dated 19.02.2008 passed by the Judicial First Class Magistrate, Malappuram rejecting the application filed by the petitioner for the interim custody of the Excavator and allowing the application filed by the financier for interim custody of the said vehicle. 2. I heard the learned counsel appearing for the revision petitioner/registered owner and the learned counsel appearing for the 3rd respondent/financier. 3. It is admitted that the Excavator in question is now lying within the premises of the Vazhakkad Police Station. Pending this revision, the revision petitioner and the financier have come to a settlement as per which the total amount payable by the revision petitioner to the financier as on 31.05.2008 will be approximately Rs.3.2 lakhs of which the revision petitioner CRL.R.P. NO. 604/2008 : 2: undertakes to pay 1.3 lakhs to the 3rd respondent financier within 10 days from today in which event the vehicle shall be given on interim custody to the petitioner who has undertaken to pay the balance amount on or before 31.05.2008. In case the petitioner commits default in making the payment of 1.3 lakhs within 10 days, he will not be entitled to the interim custody of the Excavator. In case the revision petitioner commits default in clearing the entire dues as on 31.05.2008, the impugned order for custody will stand confirmed. The learned Magistrate shall enforce this order which is the outcome of a settlement between the parties. This Crl.R.P is disposed of as above. V. RAMKUMAR, JUDGE. rv CRL.R.P. NO. 604/2008 : 3: