IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 Crl.MC.No. 2618 of 2009 ------------------------- CMP.1051/2009 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... PETITIONER/PETITIONER: ------------------------------------- SHRIRAM TRANSPORT FINANCE CO. LTD., 4TH FLOOR, MATHEWSONS SQUARE, HIGH SCHOOL JUNCTION, EDAPPALLY, REPRESENTED BY ITS BRANCH MANAGER ARUN BHASKAR. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENTS/RESPONDENTS: -------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE SHO, KALAMASSERY POLICE STATION. 2. FATHIMA, W/O. KUNJUMAKKAR, THUNDATHIPARAMBIL HOUSE, SREERANGAPURAM, KODUNGALLOOR R1 BY PUBLIC PROSECUTOR SRI. B.VINOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: app/- M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No.2618 of 2009 ================== Dated this the 11th day of August, 2009. O R D E R Lorry bearing Registration No.KL.07/P-3114 belonging to second respondent R.C. owner was seized by police in Crime No.219/2009 of Kalamassery Police Station. Petitioner filed C.M.P. No.1051/2009 under section 451 of Code of Criminal Procedure for interim custody of the vehicle. Learned Magistrate issued notice to the second respondent. The notice could not be served. Thereafter Annexure A1 order was passed granting interim custody of the vehicle on conditions. This petition is filed under section 482 of Code of Criminal Procedure to modify one of the conditions viz; to produce bank guarantee for Rs.5 lakhs. The other condition is not to alienate or encumber the vehicle. The grievance of the petitioner is that petitioner is entitled to get Rs.2,90,990/- towards the loan transaction and the value of the vehicle is less than the amount fixed by the Magistrate and in such circumstances Crl.M.C. No.2618 of 2009 2 the learned Magistrate was not justified in directing the petitioner to produce bank guarantee. It is also submitted that unless petitioner is permitted to lease out the vehicle, undertaking to produce the vehicle as and when required, petitioner cannot enjoy the vehicle. 2. Learned magistrate has not given any reason for fixing Rs.5 lakhs as the bank guarantee to be produced to grant interim custody of the vehicle. No data is also furnished. In such circumstances Annexure A1 order is quashed. Judicial First Class Magistrate, Aluva is directed to fix the value of the vehicle and then only direct petitioner to furnish security for the said amount. Petitioner shall also be permitted to lease out the vehicle on undertaking to produce it as and when directed. Petition is disposed of as above. M.SASIDHARAN NAMBIAR JUDGE app/-