ACHUTHA RAJ NARAYANAN RAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is aggrieved by a condition imposed by the learned Magistrate in an order passed in his favour under Section 451 Cr.P.C. He prays that condition No.ii may be modified or altered.

(2.) A brief reference to the relevant facts appear to be necessary. The dispute is about a vehicle, which is a car (Qualis). One Vasantha is the registered owner of the said vehicle. The 1st accused one Vijesh has allegedly purchased the vehicle from the said Vasantha. The transfer has not been reported to the authorities and the transfer has not been endorsed in the registration certificate. As per the records in the Motor Vehicles Department, the 1st accused has not got the vehicle transferred to his name. He allegedly handed over the registration certificate of the vehicle to the petitioner. The petitioner is a bona fide purchaser. He believed that 1st accused is the owner and that the registration certificate handed over to him is true and genuine. Actually the real registration certificate was pledged with some financier. A fake registration certificate was handed over to the petitioner. Accused No.1 was arrested in some other crime. It came to be known that the registration certificate which the 1st accused had handed over to the petitioner is not real and genuine. The petitioner applied for release of the vehicle and the learned Magistrate directed release of the vehicle subject to conditions. Condition No.i obliges the petitioner to execute a bond for Rs.5 lakhs with two solvent sureties each for the like sum. Condition No.ii directs the petitioner to produce the registration certificate and the connected records before the court. Condition No.3 obliges the petitioner to produce the vehicle before court as and when he is directed to do so.

(3.) The petitioner is aggrieved by condition No.ii. He submits that the registration certificate etc. have already been seized by the police. He cannot produce them all over again. The police may be directed to produce the documents seized before the learned Magistrate. The petitioner shall comply with both the other conditions imposed. In these circumstances, condition No.ii may be deleted and the vehicle may be ordered to release to the petitioner.