IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1806 of 2008()
1. ANWAR, THEKKEMALIL HOUSE
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.P.GOPINATH
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :02/05/2008
O R D E R
R.BASANT, J.
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Crl.M.C.No.1806 of 2008
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Dated this the 2nd day of May 2008
O R D E R
The short grievance of the petitioner is that a bus
belonging to him which was involved in an offence registered
inter alia under Sections 279 and 304 is not being released to
the petitioner by the learned Magistrate. His application under
Section 451 Cr.P.C stands dismissed by the learned Magistrate.
2. Notice was given to the learned Public Prosecutor.
The learned Public Prosecutor does not oppose the application. I
am satisfied, in the facts and circumstances of this case that
directions can be issued to release the vehicle to the petitioner
subject to appropriate terms and conditions.
3. In the result, this petition is allowed. Following
directions are issued under Section 482 Cr.P.C in favour of the
petitioner.
i) The petitioner shall produce before the learned
Magistrate all documents to show that he is the owner of the
vehicle entitled to possession of the vehicle and thereupon the
vehicle shall be released to the petitioner on condition that he
Crl.M.C.No.1806/08 2
executes a bond for Rs.1,00,000/- (Rupees one lakh only) with
two solvent sureties each for the like sum to the satisfaction of
the learned Magistrate undertaking to produce the vehicle as
and when directed.
Hand over copy of this order to the learned counsel for the
petitioner.
(R.BASANT, JUDGE)
jsr
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R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007