IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 10TH DAY OF JANUARY 2018 / 20TH POUSHA, 1939 Crl.MC.No. 228 of 2018 ----------------------

CMP 8191/2017 of JUDICIAL FIRST CLASS MAGISTRATE CORUT-II KAKKANAD --------

PETITIONER/CLAIM PETITIONER ---------------------------

SHAIJU JOHN AGED 36 YEARS, S/O.JOHN XAVIER, SARIMURIYIL HOUSE, THAZHUVAMKUNNU P.O., KALLOORKAD, ERNAKULAM POWER OF ATTORNEY HOLDER OF DIRECTOR, M/S.VISTON STEEL CORP(P)LTD., 37/500,TEMPLE ROAD, KADAVANTHRA, ERNAKULAM.

BY ADV.SRI.R.DIVAKARAN RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, CITY TRAFFIC EAST, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.

BY PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10-01-2018,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp -------------------------

APPENDIX PETITIONER(S)' ANNEXURES :

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ANNEXURE A1: THE TRUE COPY OF THE F.I.R.

ANNEXURE A2: THE TRUE COPY OF THE CLAIM PETITION FILED BY THE PETITIONER.

ANNEXURE A3: THE TRUE COPY OF THE RC BOOK OF THE VEHICLE NO.KL 07 CH 3049.

ANNEXURE A4: THE TRUE COPY OF THE ORDER DATED 07.12.2017.

RESPONDENT'S ANNEXURES : NIL.

//TRUE COPY// P.A. TO JUDGE bp B.KEMAL PASHA, J.

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Dated this the 10^th day of January, 2018

O R D E R

Petitioner, who is the registered owner of the vehicle, was represented before the court below in C.M.P.No.8191 of 2017 in Crime No.6917 of 2017 of the City Traffic Police Station, by the Power of Attorney holder. It has been pointed out that the petitioner is the Director of the company, and the said Company has got 42 vehicles. The court below, through Annexure-A4 order, has ordered the release of the vehicle to the registered owner on execution of a bond for ₹5,00,000/- (Rupees Five Lakhs only) with two solvent sureties for the like sum each.

2. The court below ought to have released the vehicle to the interim custody of the Power of Attorney holder of the registered owner on the execution of sufficient bond. The Power of Attorney holder of the registered owner is entitled to be a person, who can claim proper custody, pending conclusion of the trial.

3. Therefore, Annexure-A4 order is modified as follows:

(i) The Power of Attorney holder of the registered owner shall execute a bond for ₹5,00,000/- (Rupees Five Lakhs only) with two solvent sureties for the like sum each to the satisfaction of the court below.

(ii) He shall keep the vehicle without making any structural alterations to its appearance and shall produce it before the court or before the investigating officer as and when ordered.

(iii) He shall produce photographs of the vehicle in its present condition, duly certified by the investigating officer.

In the result, this Crl.M.C. is allowed as above.

Sd/-

B.KEMAL PASHA JUDGE DSV/10/1/18 // True Copy // P.A.To Judge