HDFC BANK Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioner challenging the condition imposed by the Chief Judicial Magistrate Court, Ernakulam in Crl.M.P.975/2014 under Section 482 of the Code of Criminal Procedure (hereinafter called the 'Code').

(2.) IT is alleged in the petition that petitioner is a scheduled bank and the de facto complainant in Crime No.439/2012 of the Ernakulam Town North Police Station which was registered on receipt of a private complaint filed by the petitioner before the concerned Magistrate Court which was forwarded to the police for investigation under Section 156(3) of the Code. As part of the investigation, the police had seized the vehicle bearing Reg.No.KL -07 -BM -9999 from the hirer of the vehicle. Thereafter, the petitioner filed Crl.M.P.No.975/2014 and the 3rd party filed Crl.M.P.922/2014, both for interim custody and the learned Magistrate by Annexure V common order dismissed the application Crl.M.P.922/2014 filed by the third party and allowed the application Crl.M.P.975/2014 filed by the petitioner with conditions inter alia to execute a bond for Rs.50,00,000/ - with two solvent sureties each for the like sum each and further condition of producing the vehicle as and when required and the vehicle shall not be alienate or transferred till the disposal of the case. The first condition is being challenged by the petitioner by filing this petition.

(3.) HEARD the counsel for the petitioner and the learned Public Prosecutor.