IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 983 of 2008()
1. SURESH, S/O.SREEDHARAN,
... Petitioner
Vs
1. THE TAHSILDAR, NILAMBUR.
... Respondent
2. THE DISTRICT COLLECTOR, MALAPPURAM,
For Petitioner :SRI.P.SAMSUDIN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :06/03/2008
O R D E R
V. RAMKUMAR, J
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Crl.M.C.No.987 of 2008
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Dated: 06 - 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
are permitted to apply again before the learned Magistrate who
shall release the tractor in question on interim custody on the
petitioner making a cash deposit for Rs. 35,000/- (Rupees thirty
five thousand only) and executing a bond for Rs.6,00,000/-
(Rupees six 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:-
Crl.M.C.No.983 of 2008
1. The petitioner shall not permit the user of
the tractor for any illicit purpose
2. The petitioner shall not transfer wholly or in
part the tractor to any other person.
3. The petitioner shall produce the tractor
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 tractor 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.
sj
Crl.M.C.No.983 of 2008