IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 Crl.MC.No. 138 of 2008() ------------------------ CMP.101/2008 of JUDL. MAGISTRATE OF FIRST CLASS, MALAPPURAM .................... PETITIONER: PETITIONER ---------------------------------------------- C.P.HUSSAIN, S/O. ALIKUTTY, PADIHEREPARAMBIL HOUSE, PERUVAYAL, KOZHIKODE DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: RESPONDENTS ---------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KONDOTTY POLICE STATION, - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. THE TAHSILDAR, ERNAD TALUK, MANJERI, MALAPPURAM DISTRICT. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J = = = = = = = = = = == = = = == CRL.M.C. No. 138 of 2008 = = = = = = = = = = = = = = = = = Dated this the 11th day of January, 2008. ORDER In the light of the order dated 05.12.2007 passed by the Division Bench of this Court in Crl.R.P. No.3953/2007, the impugned order is set aside and C.M.P. No. 101/2008 filed by the petitioner herein before the Judicial First Class Magistrate, Malappuram shall stand allowed on the petitioner making a cash deposit of Rs.25,000/- (Rupees twenty five thousand only) before the Thahasildar, Ernad and executing a bond for such amount as may be fixed by the Thahasildar, Ernad but without insisting on solvency or property security and on his undertaking that he shall not alienate the vehicle in question nor shall he dismantle the vehicle or allow the vehicle to be used for any illicit purpose and that he shall produce the vehicle as and when required by the District Collector, Malappuram. The interim release of the vehicle will be subject to confiscation, if any, passed by the District Collector. The Crl.M.C. is disposed of as above. V. RAMKUMAR, JUDGE. sj