IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 Crl.MC.No. 549 of 2008() ------------------------ CMP.322/2008 of JUDL. MAGISTRATE OF FIRST CLASS, MALAPPURAM .................... PETITIONER: ------------ ANWAR.V.T.S/O. MUHAMMEDKUTTY AGED 30, KANNATTIPPADY VENGARA,MALAPPURAM DISTRICT THROUGH THE POWER OF ATTORNEY HOLDER SRI.MUHAMMED KUTTY,S/O.ABU, AGED 60, RESIDING AT VETTUTHOTTUNGAL HOUSE,KANNATTIPPADY, VENGARA, MALAPPURAM. BY ADV. SRI.HARISH R. MENON SRI.K.T.SHYAM KUMAR RESPONDENT/STATE: ------------------------ THE STATE OF KERALA,REPRESENTED BY THE SUB INSPECTOR OF POLICE, VENGARA POLICE STATION, VENGARA, MALAPPURAM DISTRICT – THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI- 31. THE STATE OF KERALA,REPRESENTED BY THE SUB INSPECTOR OF POLICE VENGARA POLICE STATION,VENGARA, MALAPPURAM DISTRICT THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM KOCHI-31. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.M.C No. 549 of 2008 ========================== Dated this the 25th day of February, 2008. ORDER Heard both sides. In the light of the common order dated 25.02.2008 passed in Crl.M.C No. 543 of 2008 and connected cases, the impugned order is set aside and C.M.P. No. 322/2008 filed by the petitioner before the Judicial First Class Magistrate, Malappuram shall stand allowed on the petitioner making a cash deposit for Rs. 25,000/- and executing a bond for Rs.5,00,000/- 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 subject to the following terms:- 1. The petitioner shall not permit the user of the lorry for any illicit purpose 2. The petitioner shall not transfer wholly or in part the lorry to any other person. 3. The petitioner shall produce the lorry before the Magistrate as and when directed to do so. 4. The interim custody of the lorry 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