This petition, under Section 482 of the Code of Criminal

Procedure (“the Code”, for brevity) is preferred challenging the

order dated 29.05.2017 in C.M.P. No.255 of 2017 on the file of the

Judicial First Class Magistrate Court, Angamaly. By the impugned

order, interim custody of a HGV- tanker, registered in the name of

the petitioner herein, was handed over to the 1^st respondent herein

on conditions.

2.

The proceedings had its origin on a complaint filed by

the 1^st respondent before the learned Magistrate under Section

190 of the Code. From the complaint, it is discernible that the 1^st

respondent, Sri. Prathapan, is the husband of Rathi, the sister of

Sri.Shaji, the petitioner herein.

3.

For the sake of convenience, parties shall be referred to

by their names. It is alleged that Shaji is the registered owner of a

Tanker Lorry, which is the subject matter of dispute. The said

vehicle was purchased on the strength of a vehicle loan availed

from the IndusInd Bank. When he committed default,

securitisation proceedings were initiated by the Bank. Prathapan

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and Rathi are alleged to have extended help to Shaji to avoid the

sale of the secured asset. Shaji, on the other hand, is alleged t