IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 Crl.MC.No. 2338 of 2008() ------------------------- CMP.94/2008 of JUDL.MAGISTRATE OF FIRST CLASS, MAVELIKKARA .................... PETITIONER: PETITIONER ------------ ANEESH, S/O.NASEEMA, PUTHEN VEETTIL, VETTIYAR MURI, VETTIAR VILLAGE. BY ADV. SRI.R.PADMAKUMAR RESPONDENTS: COUNTER PETITIONER & ACCUSED ------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. 2. RAHIM, S/O.RAMLATH, KALLUVETTU PARAMBIL, VETTIYAR MURI, DO VILLAGE. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2338 of 2008 ------------------------------------- Dated this the 27th day of June, 2008 ORDER Petitioner is the owner of a vehicle, which is allegedly involved in a prosecution under Section 302 I.P.C. The vehicle of the petitioner, ie. the motor cycle was allegedly used by the accused in the case to knock down the deceased in the case deliberately. The motor cycle has been seized. The petitioner's application for release of the vehicle was dismissed by the learned Magistrate. The petitioner has hence come before this Court with this petition. 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor, after taking instructions, submits that the investigation is now complete. Final report has already been filed. The State has no objection against the release of the vehicle to the petitioner subject to appropriate terms and conditions. 3. I am satisfied that the request of the petitioner can be accepted. Crl.M.C. No.2338 of 2008 2 4. In the result: a) This Crl.M.C is, in these circumstances, allowed; b) The impugned order is set aside. c) The vehicle - Motor cycle bearing Reg.No.KL.31/3580 shall be released to the petitioner on the following terms and conditions: i) The petitioner shall produce all documents to prove that he is the owner of the vehicle entitled for possession; ii) The petitioner shall execute a bond for an amount equal to the value of the vehicle as ascertained by the learned Magistrate with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. Sd/- (R.BASANT, JUDGE) rtr/- /true copy/ P.A to Judge The words “Maruti Car” occurring in the sub para (c) of paragraph 4 at page 2 of the order dated 27.06.2008 in Crl.M.C 2338/2008 are corrected and substituted as “Motor Cycle”, vide order dated 19.07.2013 in Crl.M.A 5500/2013 in Crl.M.C 2338/2008. Sd/- Registrar (Judicial)