Poonawalla Fincorp Ltd vs State Of Kerala
2023 Latest Caselaw 11715 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
                        CRL.MC NO. 8394 OF 2023
AGAINST THE ORDER/JUDGMENT CMP 1622/2023 OF JUDICIAL MAGISTRATE OF
                         FIRST CLASS -II, ALUVA
PETITIONER:

          POONAWALLA FINCORP LTD
          (FORMERLY KNOWN AS MAGMA FINCORP LTD) REPRESENTED BY
          ITS STATE HEAD (LEGAL) BIJU M, AGED 43 YEARS, 1ST AND
          2ND FLOOR, JAIN TOWERS, NH-47 BYEPASS ROAD, VYTTILA,
          KOCHI, PIN - 682019
          BY ADVS.
          THOMAS T.VARGHESE
          PHILIP T.VARGHESE
          V.T.LITHA
          JIJO PAUL
          ACHU SUBHA ABRAHAM


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
          ERNAKULAM, PIN - 682031
    2     THE STATION HOUSE OFFICER
          ELAMAKKARA POLICE STATION, ERNAKULAM, PIN - 682026
    3     SARATH
          S/O KRISHNAN, ERANIKKATTUPADI HOUSE, KALLURUMA,
          PERUMBAL, NANNAMUKKU P.O, MALAPPURAM, PIN - 679575
OTHER PRESENT:

          SRI MP PRASANTH, PP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 8394 OF 2023                 2




                       P.V.KUNHIKRISHNAN, J.
                    ===================
                        Crl. M.C. No.8394 of 2023
                    ===================
               Dated this the 16th day of November, 2023


                               O R D E R

This Crl.M.C is filed challenging Annexure A2 order by which

a petition filed under Section 451 of the Cr.P.C by the petitioner

for interim custody of a Maruti Swift Car bearing registration

No.KL 54 H 4993 was allowed with five conditions. The petitioner

submitted that the petitioner's vehicle is not involved in any case

and therefore, the condition imposed by the learned Magistrate is

illegal.

2. This court directed the learned Public Prosecutor to get

instructions. The learned Public Prosecutor after getting

instructions submitted that no case is registered, but the vehicle

is produced before the Court under Section 102 of Cr.P.C. If that

is the case, the court can release the vehicle on executing a

simple bond as provided in Section 102(3) of the Cr.P.C.

Therefore, this Crl.M.C is allowed in the following manner:-

Annexure A2 order is set aside. The Judicial First Class

Magistrate Court-II, Aluva is directed to release the vehicle on

executing a simple bond, in accordance with Section 102(3) of

Cr.P.C.

Sd/-

P.V.KUNHIKRISHNAN

JUDGE ska

APPENDIX OF CRL.MC 8394/2023

PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE PETITION FILED BY THE PETITIONER AS C.M.P NO. 1622/2023 BEFORE JUDICIAL FIRST CLASS MAGISTRATES COURT NO. II, ALUVA DATED 26.06.2023 Annexure A2 CERTIFIED COPY OF THE ORDER PASSED BY JUDICIAL FIRST CLASS MAGISTRATES COURT NO. II, ALUVA IN C.M.P NO. 1622/2023 DATED 14.08.2023