AYOOB Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner herein approached the Judicial First Class Magistrate Court-I, Tirur praying for interim custody of the vehicle which was allowed as per Ext.P1 on certain conditions. The condition No.2 is that the petitioner shall furnish bank guarantee or immovable property security for Rs.1,01,500.00 or in the alternative he can deposit the said amount.

(2.) IT is stated by the petitioner in paragraph 4 of the writ petition that in compliance of the directions, the petitioner had deposited Rs.43,500.00 and produced the copy of the sale deed of 5 cents, which was in the name of his mother Pathumma, as security and condition Nos.2 and 3 have also been complied with. The learned Magistrate closed the petition, according to the petitioner, without any justification.

(3.) LEARNED counsel for the petitioner submits that it is not specified by the Full Bench of this Court in the decision in Shan vs. State of Kerala (2010 (3) KLT 413) that for accepting the immovable property as security the original title deed has to be produced. I cannot agree. No court can accept a photocopy of the document for accepting the property as security. Therefore, the view taken by the learned Magistrate is perfectly justified.