Mony Mathew vs State Of Kerala

A. Badharudeen, J

Heard the learned counsel appearing for the petitioner as well as the learned Public Prosecutor.

It is submitted by the learned counsel appearing for the petitioner that as per Annexure A4 judgment and Annexure A5 Writ Appeal judgment, it was found that, the title over J.C.B referred in Annexure A6 F.I.R, is a subject matter of civil dispute. However, as pointed out by the learned Public Prosecutor, referring to paragraph 13 of Annexure A5 Writ Appeal judgment, now, crime alleging commission of offence under Section 379 has been registered

According to the learned counsel appearing for the petitioner, Annexure-A5 is a false one and therefore the same is liable to be quashed.

Whereas, it is submitted by the learned Public Prosecutor that, the investigation based on Annexure A6 may go on to find out the truth of the allegation.

On perusal of the available materials, it could be gathered that, the parties are litigating over the title of J.C.B and now the police registered crime alleging commission of theft of the said J.C.B by the petitioner and now, the police wants to get custody of the J.C.B.

Since it is noticed that in the earlier round of litigation before this Court, this Court observed that, the dispute is confined to title of the J.C.B, it is ordered that the investigation based on Annexure A6 F.I.R can go on. However, it is specifically made clear that, the petitioner shall not be disturbed, except in the matter of interrogation. It is specifically ordered that the JCB shall not be surrendered before the investigating officer for the purpose of custody. But the investigating officer is at liberty to prepare Mahazar of the J.C.B at the premises of the petitioner after giving notice to him within a period of seven days and to give custody of the JCB on executing bond for Rs.1,00,000/- (Rupees One lakh only) by the petitioner himself and by two solvent sureties with undertaking to produce the same before court until culmination of the criminal case, subject to orders of the competent court and the petitioner shall not encumber or sell the JCB, till then. The Investigating Officer shall produce the bond so executed before the Magistrate court to keep the same till the culmination of the criminal case, so as to direct the petitioner to produce the J.C.B in case of necessity during the proceedings.

Since the case emerges on the background of the facts discussed above, the arrest and custodial interrogation of the petitioner are also not necessary. Therefore, arrest of the petitioner shall stand deferred till consideration of his anticipatory bail application pending before this Court, as submitted by the learned counsel for the petitioner, within a period of one month.

This Crl.M.C stands disposed of as above.