Jagadamma vs State Of Kerala
2021 Latest Caselaw 13526 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR. JUSTICE ASHOK MENON
  THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                     CRL.MC NO. 2883 OF 2021
    AGAINST THE ORDER/JUDGMENT IN MP 1082/2020 OF CHIEF
  JUDICIAL MAGISTRATE PATHANAMTHITTA, PATHANAMTHITTA DATED
                            21.12.2020
PETITIONER/S:

         JAGADAMMA
         AGED 63 YEARS
         W/O.LATE KARUNAKARAN, RAJESH BHAVAN, ULLANNOR
         MURI, KULANADA VILLEGE, KOZHENCHERRY TALUK,
         PATHANAMTHITTA DISTRICT - 689 503.

         BY ADV AJEESH K.SASI


RESPONDENT/S:

         1.      STATE OF KERALA, REPRESENTED BY PUBLIC
                 PROSECUTOR,    HIGH COURT OF KERALA,
                 ERNAKULAM - 682 031.

         2.      ASHA THOMAS, AGED 44 YEARS, D/O.SIMON,
                 MULANIKUMKALAYIL, EDAYARANMULA P.O., ARANMULA
                 VILLEGE, KOZHENCERRY TALUK, PATHANAMTHITTA
                 DISTRICT - 689 532.


OTHER PRESENT:

         SMT.REKHA.C.NAIR ,SR.PP



THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Crl.MC 2883/2021
                                       2




                              ASHOK MENON, J.
                   ------------------------------------
                           Crl.MC No.2883 of 2021
               -------------------------------------
                      Dated this the 1st day of July, 2021


                                   ORDER

The petitioner is the registered owner of vehicle bearing

regn.No.KL-36/E-8022. The prosecution case is that the

second respondent herein had produced concocted documents

to cheat the de facto complainant/RTO to get transfer of

ownership of the vehicle bearing Regn.No.KL-36/E 8022, a

tempo traveller, in her favour. On the basis of the crime that

was registered at Pathanamthitta Police Station, the vehicle was

seized and produced before the Chief Judicial Magistrate,

Pathanamthitta. The petitioner herein had approached the Crl.MC 2883/2021

court and filed a petition under Section 451 Cr.PC for interim

custody and the same was allowed. But, the petitioner is

aggrieved by one of the conditions that was imposed, i.e.

condition No.2, which states that the petitioner shall furnish

security of Bank Guarantee for Rs.14 lakhs before the court.

The petitioner states that she is not able to produce such a

Bank Guarantee and she does not have the money for that and

in case, the vehicle is not released to her, it would be damaged

as a consequence of being exposed to sun and rain.

2. Heard the learned counsel appearing for the

petitioner and the learned Public Prosecutor.

3. I find that the condition imposed by the learned CJM

directing the petitioner to furnish Bank Guarantee is Crl.MC 2883/2021

unreasonable and cannot be complied with by a person like the

petitioner. Hence, condition No.2 is deleted and the vehicle

shall be released to the petitioner on a further condition that

she shall not transfer or alienate the possession of the vehicle,

until the entire proceedings before the court are over.

The Crl.MC is allowed as above.

Sd/-

ASHOK MENON JUDGE jg Crl.MC 2883/2021

APPENDIX

PETITIONER'S EXHIBITS

ANNEXURE-A : COPY OF THE PETITION FILED BY THE PETITIONER AS CRL.MP 1082/2020 BEFORE THE COURT OF THE CHIEF JUDICIAL MAGISTRATE, PATHANAMTHITTA.

ANNEXURE-B : CERTIFIED COPY FO THE ORDER DATED 21.12.2020 IN CRL.MP NO.1082/2020 OF THE COURT OF THE CHIEF JUDICIAL MAGISTRATE, PATHANAMTHITTA.