C.H.Moosa vs State Of Kerala on 21 December, 2006

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 4098 of 2006()



1. C.H.MOOSA
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.BECHU KURIAN THOMAS

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :21/12/2006

 O R D E R


                              R. BASANT, J.

               -------------------------------------------------

                      CRL.M.C.NO. 4098 OF  2006

               -------------------------------------------------

            Dated this the 21st day of December, 2006


                                  ORDER

When this petition came up for hearing, after discussions

at the Bar, the learned counsel for the petitioner accepts the

fact that the petitioner can seek relief under Sec.457 of the

Cr.P.C. as explained in the decision reported in Rahim v.

State of Kerala (2002 (3) KLT 340) even when the vehicle

is not produced and when a report is made by any of the

parties to the learned Magistrate.

2. This Crl.M.C. is, in these circumstances, dismissed

with liberty to the petitioner to approach the learned

Magistrate for release of the vehicle under Sec.457 of the

Cr.P.C. as explained in Rahim v. State of Kerala (2002 (3)

KLT 340).

Sd/-

                                                   (R. BASANT, JUDGE)


Nan/


        //true copy//             P.S. To Judge


        -: 2 :-





                    (R. BASANT, JUDGE)


Nan/