IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 1540 of 2008()
1. C.N.MARAKAR, AGED 48, S/O.NINAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.P.CHANDY JOSEPH
For Respondent : No Appearance
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :19/05/2008
O R D E R
HARUN-UL-RASHID, J.
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Crl.R.P No.1540 of 2008
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Dated this the 19th day of May, 2008
O R D E R
The prayer is to release the bitumen seized by the police
worth Rs.2,83,126/-. According to the petitioner, he purchased
60 barrels bitumen from Bharath Petroleum Corporation Ltd. on
paying the above said amount and produced Annexure A1 bill.
This bitumen loaded in a lorry was intercepted by the second
respondent at Pampakuda and on suspicion that the consignment
of the vehicle are stolen goods. He moved an application under
Sections 451 and 452 Cr.P.C. before the Judicial First Class
Magistrate Court, Kolencherry seeking release of the article.
The trial court on a consideration of the matter held that no
materials are produced to show that the vehicle has got valid
permit for transporting bitumen and therefore, the same cannot
be considered released to its owner.
2. I find that no purpose will be served by keeping the
article and vehicle in police station till the matter is decided by
the learned Magistrate. Therefore, I order release of the
CRL.R.P NO.1540/08
bitumen on condition that the petitioner offer security by way of
unencumbered immovable property situated in Kerala State
worth Rs.3 lakhs to the satisfaction of the learned Magistrate.
The petition filed under Sections 451 and 452 Cr.P.C. is allowed.
The Crl.R.P. is disposed of as above.
HARUN-UL-RASHID, JUDGE
csl