IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 Crl.MC.No. 4863 of 2010() ------------------------------------ ( AGAINST REF; 12862/2010/D3, COLLECTORATE, KASARAGOD OF ADDITIONAL DISTRICT MAGISTRATE) -------------------- PETITIONER/ ACCUSED ---------------------------------- M.DAMODERAN NAIR, S/O. MALINGU NAIR, KARIVEDAKAM P.O., CHENGALA, KASARAGOD. BY ADVS. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY S.H.O. BEDAKAM POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, ERNAKULAM. 2. THE ADDITIONAL DISTRICT MAGISTRATE, KASARAGOD. R1 & R2 BY PUBLIC PROSECUTOR SRI. P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M. SASIDHARAN NAMBIAR, J. ----------------------------------------------- Criminal M.C. No. 4863 of 2010 ------------------------------------------------ Dated this the 13th day of December, 2010 ORDER Vehicle bearing registration No.KL13C 2079 was seized by Sub Inspector of police, Bedakam in Crime No. 261/01 of that police station. Petitioner being the registered owner sought interim custody of the vehicle. It was allowed, on executing a bond and the vehicle was released by Annexure-4 order. After the conviction, petitioner was directed to produce the vehicle within 15 days from date of receipt of the notice. The petitioner do not produce the vehicle. Show cause notice was thereafter directing the petitioner to show cause why the bond executed by him should not be forfeited. Petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-4 and 5 orders. 2. Learned counsel appearing for the petitioner was heard. Criminal M.C. No. 4863 of 2010 2 3. When petitioner executed a bond undertaking to produce the vehicle, Additional District Magistrate is competent to direct to produce the vehicle. Therefore, I do not find any reason to find that Annexure-A5 notice illegal. When petitioner did not produce the vehicle, issuance of Annexure-5 show cause notice is also in order. It is up to the petitioner to appear before the Additional District Magistrate and explain the reason why the bond cannot be forfeited. If grievance of the petitioner is that vehicle cannot be confiscated, it is upto the petitioner to raise the contentions before the Additional District Magistrate. Petition is dismissed. M. SASIDHARAN NAMBIAR, JUDGE. rkc //True copy// PA to Judge.