Lonachan vs State Of Kerala Represented By The on 29 August, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3193 of 2008()


1. LONACHAN, S/O.OUSEPH,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.A.C.DEVY

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :29/08/2008

 O R D E R
                           R.BASANT, J.
                        ----------------------
                     Crl.M.C.No.3193 of 2008
                    ----------------------------------------
              Dated this the 29th day of August 2008

                               O R D E R

The petitioner is the first accused in a crime registered

under Section 399 I.P.C. A vehicle belonging to him was seized

in that crime. The nexus between the vehicle and the offence

alleged is only that the accused persons were found traveling in

that vehicle. The petitioner applied for release of the vehicle.

The learned Magistrate, by the impugned order, rejected the

petition. The petitioner has come to this court aggrieved by the

said dismissal of his petition.

2. The learned Public Prosecutor was directed to take

instructions. The learned Public Prosecutor submits now that

the State has no objection against release of the vehicle in favour

of the petitioner subject to appropriate terms and conditions and

safeguards. I am satisfied, in these circumstances that this

petition can be allowed and the vehicle can be directed to be

released to the petitioner subject to appropriate terms and

conditions.

Crl.M.C.No.3193/08               2




      3.    In the result,

      a)    This Crl.M.C is allowed.

      b)    The impugned order is set aside.

      c)    The vehicle shall be released to the petitioner on

condition that :

(i) He produces all necessary documents before the

learned Magistrate to show that he is the person entitled to

possession of the vehicle.

ii) He shall execute a bond for an amount equal to the

value of the vehicle to be fixed by the learned Magistrate with

two solvent sureties each for the like sum to the satisfaction of

the learned Magistrate. In such bond, he shall undertake to

produce the vehicle as and when directed by the learned

Magistrate.

Hand over copy of this order to the learned counsel for the

petitioner.

(R.BASANT, JUDGE)
jsr

Crl.M.C.No.3193/08 3

Crl.M.C.No.3193/08 4

R.BASANT, J.

CRL.M.C.No. of 2008

ORDER

09/07/2008