IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 Crl.MC.No. 108 of 2008() ------------------------ CMP NO. 5206 OF 2007 ON THE FILES OF J.F.C.M- V, KOZHIKODE PETITIONER: PETITIONER ---------------------- R.M.ABDUL RAZAK, S/O KUNHIMARIYAM, MANALAPPA, THAZHEPEETHRAYIL HOUSE, FEROKE AMSOM, NALLUR DESOM, KOZHIKODE. BY ADV. SRI.K.M.FIROZ RESPONDENTS: RESPONDENT ------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, FEROKE POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.108 of 2008 = = = = = = = = = = = = = = Dated this the 14th day of January, 2008 ORDER The petitioner, who claims to be the registered owner of a Hero Honda Motor Cycle bearing Registration Number KL 10M 8967, challenges the condition imposed by the J.F.C.M-V, Kozhikode, directing him to furnish cash security of Rs.25,000/- while giving interim custody of the Motor Cycle to the petitioner. 2. According to the petitioner, the Motor Cycle of which he is the registered owner was taken from him by his friend, Haris, the 6th accused in Crime No.328/2007 and that subsequently, the said Haris has been arrayed as the 8th accused in the above crime for the alleged commission of an offence punishable under Section 15 of the Kerala Gaming Act. 3. The prosecution has no case that the petitioner has any connection with the offence. Under these circumstances, imposing a condition of furnishing cash security of Rs.25,000/- may not be justified. Accordingly, the said condition is deleted and instead the learned Magistrate shall insist on the petitioner Crl.M.C.No.108 of 2008 2 executing a bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate, subject to the following conditions:- i) The petitioner shall not transfer the vehicle wholly or in part to any other person. ii) The petitioner shall keep custody of the vehicle in the same condition in which it is released to him. iii) The petitioner shall not allow the vehicle to be used for any illicit purpose. iv) The petitioner shall produce the vehicle before the learned Magistrate as and when called upon to do so. v) The interim custody of the vehicle given to the petitioner shall be subject to final orders by the appropriate authority. V. RAMKUMAR, JUDGE sj