IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 1285 of 2008()
1. ABDUL KHADER, S/O.KOYA, ALUKKAL HOUSE
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.K.P.SUDHEER
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :26/03/2008
O R D E R
V. RAMKUMAR, J
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Crl. M.C. 1285 of 2008
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Dated: 26 - 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 pickup van 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/- (Rupees 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. No. 1285/08 -:2:-
1. The petitioner shall not permit the user of
the pick up van for any illicit purpose
2. The petitioner shall not transfer wholly or in
part the pick up van to any other person.
3. The petitioner shall produce the pick up van
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 pick up van 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. No. 1285/08 -:3:-