IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 1388 of 2008()
1. ABDUL SALAM V.M., S/O.V.A.MUHAMMED,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY PUBLIC
... Respondent
2. DISTRICT COLLECTOR, ERNAKULAM.
For Petitioner :SRI.P.M.ZIRAJ
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :31/03/2008
O R D E R
V. RAMKUMAR, J
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Crl.M.C. No. 1388 of 2008
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Dated this the 31st day of March, 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
petitioner giving an undertaking on the following terms:-
1. The petitioner shall not permit the user of the lorry for
any illicit purpose
CRL.M.C. NO. 1388/2008 : 2:
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.
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.
rv
CRL.M.C. NO. 1388/2008 : 3:
V.RAMKUMAR,
(JUDGE).
ani