IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 1221 of 2008()
1. ANAS
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.DEVIDAS.U.K
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :19/03/2008
O R D E R
V. RAMKUMAR, J
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Crl. M.C. No. 1221 of 2008
......................................
Dated: 19-03-2008
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 autorickshaw in question on interim custody
on the petitioner making a cash deposit for Rs. 10,000/-
(Rupees ten thousand only) and executing a bond for
Rs.2,00,000/- ( Rupees two 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 each of the petitioner giving an undertaking
on the following terms:-
Crl. M.C. No. 1221 of 2008 -2-
1. The petitioner shall not permit the user of
the autorickshaw for any illicit purpose
2. The petitioner shall not transfer wholly or in
part the autorickshaw to any other person.
3. The petitioner shall produce the
autorickshaw 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 autorickshaw
shall be subject to final orders, if any, to be
passed for confiscation.
This petition is disposed of as above.
Sd/- V. RAMKUMAR, JUDGE.
ani