Kerala High Court
Unknown vs By Advs.Sribiju Antony Aloor on 4 April, 2018
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 5TH DAY OF JUNE 2018 / 15TH JYAISHTA, 1940
Crl.MC.No. 3406 of 2018
(ARISING OUT OF CRL.M.P.NO.4399/2017 IN CC.NO.61/2017 REGISTERED BY
EAST P.S. THRISSUR, IN CRIME NO. 3045/2016)
PETITIONER(S)/(ACCUSED NO.1)
KAVITHA,
AGED 27 YEARS, OCC.HOME MAKER, W/O. RAJESH, PULIKKOTTIL
HOUSE, POTTORE DESOM, KOLAZHY VILLAGE, TRISSUR DISTRICT.
BY ADVS.SRIBIJU ANTONY ALOOR
SRI.JOHNY ANDREWS
SRI.K.P.PRASANTH
SRI.VISHNU DILEEP
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA,
(THROUGH SHO EAST P.S, THRISSUR), REPRESENTED BY PUBLIC
PROSECUTOR, HIGH COURT OF KERALA.
BY PUBLIC PROSECUTOR SMT.V.SREEJA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3406 of 2018 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A TRUE COPY OF THE ORDER PASSED BY THE CHIEF
JUDICIAL MAGISTRATE COURT, THRISSUR,
CRL.M.P.4399/2017 DATED ON 04.04.2018.
ANNEXURE B TRUE COPY OF THE ORDER PASSED BY THE SESSIONS
JUDGE OF THRISSUR, CRL.M.C.625/2018 DATED ON
15.05.2018.
RESPONDENT(S)' EXHIBITS NIL
R.AV //TRUE COPY//
PA TO JUDGE
SUNIL THOMAS, J
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Crl.M.C.No. 3406 of 2018
----------------------------------
Dated this the 5th day of June, 2018
ORDER
The petitioner herein who is the first accused in CC.No.61/2017 and also the owner of a Maruti Swift Car bearing Registration No.KL-08-BH-1248 and involved in the crime, was granted an interim order of the vehicle was ordered to be released to her. The relief was subjected to certain conditions. The petitioner herein is aggrieved by the condition directing the petitioner herein furnish bank guarantee of Rs.6,00,000/-, as the value of the vehicle. The contention of the learned counsel for the petitioner is that the condition is an onerous one.
2. Opposing the application the learned Public Prosecutor pointed out that the crux of the allegation against the petitioner herein is that the first accused along with the her husband, the second accused, have Crl.M.C.No. 3406 of 2018 2 swindled huge amounts from another person and with the amount so received, the car was purchased. Since car was purchased the court found that the vehicle was the product of a crime and hence the court was justified in imposing such a condition.
3. I am not inclined to go into the above rival contentions. Suffice to say that, the court below has due application of mind has decided to release the vehicle. That conclusion is not under challenge. The question is confined to the direction to the petitioner herein to furnish bank guarantee of Rs.6,00,000/- and whether it is onerous or not. There is nothing on record to prove the value of the vehicle. Since the vehicle is ordered to be released to the owner herself though an accused, I feel that the condition to direct the bank guarantee can be waived, subject to the other stringent conditions to ensure that the vehicle is made available as and when called for. Hence in modification of the clause (1) in Annexure-A4 order, I Crl.M.C.No. 3406 of 2018 3 am inclined to direct the release of the vehicle on condition that the petitioner herein shall execute a bond for a sum of Rs.3,00,000/- with two sureties for the like sum each to the satisfaction of the court below. It is further made clear that the RC book of the vehicle shall be retained by the court and a certified copy of the RC book will be released to the owner, which shall be used by the petitioner herein in all practical and legal purposes. In case the RC book is required for the purpose of production before any competent authority in exceptional cases, the jurisdictional court will be free to pass appropriate orders. All other conditions of the learned magistrate will remain. Further, there will be a direction to the petitioner herein that she shall not handover the possession of the vehicle to third parties, hypothecate, encumber or demolish the vehicle and shall produce the vehicle in the court as and when required, without any damage except for the deterioration, due to natural wear and tear. Crl.M.C.No. 3406 of 2018 4
Crl.M.C is disposed of as above.
Sd/-
SUNIL THOMAS, JUDGE R.AV //True Copy// PA to Judge