IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 1176 of 2008()
1. ABDULSAMAD, S/O.MUHAMMED,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE SPECIAL SQUAD,
For Petitioner :SRI.DEVIDAS.U.K
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :17/03/2008
O R D E R
V. RAMKUMAR, J
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Crl. M.C. 1176 of 2008
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Dated: 17 - 03 - 2008
O R D E R
Heard both sides.
2. In the light of the common order dated 25.02.2008
passed in Crl.M.C No. 543 of 2008 and connected cases, it is
held that the learned Magistrate was not justified in refusing to
entertain the petition filed under Sec. 457 Cr.P.C. The petitioner
is permitted to apply again before the learned Magistrate who
shall release the mini lorry in question on interim custody on
the petitioner making a cash deposit for Rs. 25,000/- (Rupees
twenty five thousand only) and executing a bond for
Rs.5,00,000/- (five lakhs only) with two solvent sureties
each for the like amount (without insisting on solvency certificate
from such sureties) to the satisfaction of the Magistrate and on
the petitioners giving an undertaking on the following terms:-
Crl.M.C.No1176 of 2008
1. The petitioner shall not permit the user of
the lorry for any illicit purpose
2. The petitioner shall not transfer wholly or in
part the lorry to any other person.
3. The petitioner shall produce the lorry before
the Magistrate as and when directed to do so in
the same condition in which it is released to
him.
4. The interim custody of the lorry shall be
subject to final orders, if any, to be passed for
confiscation.
This Crl.M.C is disposed of as above.
V. RAMKUMAR, JUDGE.
Crl.M.C.No1176 of 2008