IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 1141 of 2008()
1. MUHAMMADALI
... 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 :14/03/2008
O R D E R
V. RAMKUMAR, J
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Crl. M.C. No. 1141 of 2008
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Dated this the 14th 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 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 the
petitioner giving an undertaking on the following terms:-
1. The petitioner shall not permit the user of the
autorickshaw for any illicit purpose
CRL.M.C. NO. 1141/2008 : 2:
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.
4. The interim custody of the autorickshaw 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. 1141/2008 : 3:
V.RAMKUMAR,
(JUDGE).
ani