This petition challenged Magistrate's order requiring bank guarantee for interim vehicle custody. The High Court dismissed the plea, citing legal principles and noting procedural irregularity of changing security without hearing the rival claimant.
Petition dismissed; petitioner allowed to file fresh petition after impleading necessary parties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
WEDNESDAY, THE 23RD DAY OF OCTOBER 2019 / 1ST KARTHIKA, 1941
Crl.MC.No.5733 OF 2019(F)
ORDER IN CMP 2252/2017 DATED 20-12-2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS, MANANTHAVADY
CRIME NO.209/2017 OF Thalapuzha Police Station, Wayanad
PETITIONER/ACCUSED NO.2:
ANNIE JOY AGED 38 YEARS W/O.JOY MAKKANDI, MAKKANDI HOUSE, CLUB KUNNU, MANATHAVADY.P.O., WAYANAD.
BY ADVS. SRI.M.SASINDRAN SRI.P.K.SUBHASH
RESPONDENTS/DEFACTO COMPLAINANT/COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KEALA, ERNAKULAM, KOCHI-682031
2 THE STATION HOUSE OFFICR, (CRIME NO.209/2017 OF THALAPPUZHA POLICE STATION, MANANTHAVADY), WAYANAD DISTRICT-673121.
SRI C S HRITHWIK - SR PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 10.10.2019, THE COURT ON 23.10.2019 PASSED THE FOLLOWING:
Crl.M.C.No.5733/2019
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R.NARAYANA PISHARADI, J ************************ Crl.M.C.No.5733 of 2019
Dated this the 23rd day of October, 2019
O R D E R
This petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') for quashing Annexure-AI order passed by the Judicial First Class Magistrate-I, Mananthavady to the extent it directs the petitioner
to furnish bank guarantee for granting her interim custody of a vehicle.
the consent and knowledge of the de facto complainant who had also right over that vehicle and that she hypothecated the vehicle
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to a financing company and cheated the de facto complainant.
Desai v. State of Gujarat : AIR 2003 SC 638 , the Supreme Court has specifically stated that bond and security should be taken so as to prevent the evidence being lost, altered or
Crl.M.C.No.5733/2019
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destroyed.
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guarantee. Certified copies of documents, if any, produced by the petitioner shall be returned to her counsel.
(sd/-)
R.NARAYANA PISHARADI, JUDGE
jsr/22/10/2019
Crl.M.C.No.5733/2019
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APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE AI
A TRUE COPY OF THE ORDER IN C.M.P.NO.2252/2017 DATED 20.12.2017 ON THE FILES OF JUDICIAL MAGISTRATE OF FIRST CLASS-I, MANANTHAVADY
A TRUE COPY OF THE FIR IN CRIME NO.209 ANNEXURE AII OF 2017 OF THALAPPUZHA POLICE STATION IN WAYANAD DISTRICT.
ANNEXURE AIII A TRUE COPY OF THE COMPLAINT FILED BY THE DEFACTO COMPLAINANT AGAINST THE PETITIONER AND HER HUSBAND FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE I, MANANTHAVADY.
ANNEXURE AIV A TRUE COPY OF THE LAWYER NOTICE DATED 27.6.2017 ISSUED ON BEHALF OF THE DEFACTO COMPLAINANT NAMELY ROBIN PHILIP AGAINST THE PETITIONER.
ANNEXURE AV A TRUE COPY OF THE REPLY NOTICE DATED 22.7.2017 ISSUED ON BEHALF OF THE PETITIONER AGAINST ANNEXURE AIV NOTICE TO THE DEFACTO COMPLAINANT.
RESPONDENTS' EXHIBITS: NIL
TRUE COPY
PS TO JUDGE
2 issues framed by the court
Whether the impugned order directing petitioner to furnish bank guarantee for interim custody of vehicle is illegal or improper.
Whether this Court can change the form of security without hearing the rival claimant.
Colour shows how this judgement treated each authority
Suberbhai Ambalal Desai v. State of GujaratExplained¶30
Suberbhai Ambalal Desai v. State of Gujarat : AIR 2003 SC 638 · Who else cites this
2 provisions across 2 enactments
Annie Joy
The Station House Officer
R. Narayana Pisharadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
