IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 Crl.MC.No. 4143 of 2008() -------------------------------------- (CRIME NO.102/1999 OF THRIKKAKARA POLICE STATION) PETITIONER(S): ------------------------ MURALEEDHARAN, PARAPURATH VEEDU, VENNALA KARA, EDAPALLY SOUTH VILLAGE. BY ADV. SRI.D.SOMASUNDARAM SRI.N.ANILKUMAR RESPONDENT(S): ----------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, THIRUVALLA POLICE STATION, TIRUVALLA, PATHANAMTHITTA DISTRICT. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4143 of 2008 ------------------------------------------------- Dated this the 7th day of November, 2008 ORDER The vehicle belonging to the petitioner is allegedly involved in the commission of a crime under Secs.379 and 471 read with Sec.34 IPC. The vehicle was recovered and the same was handed over to the petitioner subject to conditions as per Annexure-VI order passed by the learned Magistrate. That order was passed on 5/6/2000. The petitioner has been keeping the vehicle in his possession ever since abiding by the condition that he must execute a bond for Rs.1 lakh and must produce the vehicle as and when directed. 2. The petitioner now submits that the continuance of the condition operates to his prejudice. He is constrained to keep the vehicle in his possession without disposal. The vehicle is a 1989 model vehicle and it is extremely Crl.M.C. No. 4143 of 2008 -: 2 :- unprofitable to do that. The petitioner wants the condition to be modified and he be given an opportunity to dispose of the vehicle. Any appropriate further conditions may be imposed, submits the learned counsel for the petitioner. 3. The matter is pending before the court below even now, it is submitted. The trial is not complete. I am of opinion that before modifying the conditions, the person from whose custody the vehicle was seized has to be given notice and heard if available. However, I am satisfied that the petitioner's request for deletion of that condition must be first considered by the learned Magistrate. The learned Magistrate, after giving notice to the accused persons, must take appropriate decision in the matter. The plight of the petitioner, obliged to continue to keep in his possession a 1989 model vehicle, must be realistically considered by the learned Magistrate. The learned counsel for the petitioner prays and I accept the said prayer that there is need to dispose of such application to be filed by the petitioner expeditiously. 4. With the above observations, this Crl.M.C. is dismissed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 4143 of 2008 -: 3 :-