IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 Crl.MC.No. 1553 of 2009 -------------------------------- CMP.501/2009 OF JUDL.MAGISTRATE OF FIRST CLASS-II(FOREST OFFENCES), MANJERI IN O.R.NO.2/2009 OF POTHUKAL FOREST STATION .................... PETITIONER/PETITIONER: --------------- MANZOOR ALI, S/O.MOHAMMED, REP. BY POWER OF ATTORNEY HOLDER, P.ABDUL AZEES, S/O.MOHAMMED, POOLPADAN HOUSE, EDAKKARA P.O., MALAPPURAM DISTRICT. BY ADV. MR.P.VIJAYA BHANU MR.M.REVIKRISHNAN RESPONDENT(S)/ STATE: ----------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE DEPUTY RAGER, POTHUKAL FOREST STATION, MALAPPURAM DISTRICT. BY PUBLIC PROSECUTOR MR.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 1553 of 2009 ================== Dated this the 22nd day of May, 2009. O R D E R Petitioner filed C.M.P.No.501/2009 for interim custody of vehicle bearing registration No.KL-17B- 2056 seized by the Forest Range Officer, Vazhikkadavu on 27-2-2009 on the allegation that it was used for transportation of teak wood from Government Reserve Forest, under Section 451, Cr.P.C. Under Annexure A order, learned Magistrate dismissed the petition. It is challenged in this petition under Section 482 of Cr.P.C. 2. Learned counsel appearing for the petitioner submitted that if the vehicle is to be retained it would be destroyed and petitioner is prepared to furnish security and therefore interim custody is to be Crl.M.C.No.1553/2009 2 granted. Learned Public Prosecutor submitted that confiscation proceedings were already initiated and on furnishing sufficient Bank guarantee the vehicle could be released to the petitioner under Section 451, Cr.P.C. 3. In such circumstances this petition is allowed. Forest Divisional Officer, North Division, Nilambur is directed to release the vehicle to the petitioner on furnishing security to the satisfaction of the Divisional Forest Officer and on executing a bond undertaking not to transfer the vehicle and to produce the vehicle as and when required by the Divisional Forest Officer, Nilambur. M.SASIDHARAN NAMBIAR dkr JUDGE