IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 Crl.MC.No. 3628 of 2008() ------------------------- CMP.2031/2008 of J.F.C.M, PATTAMBI CRIME NO.214/08 OF TRITHALA POLICE STATION .................... PETITIONER(S): PETITIONER: -------------------------- ABDULLA SAINUDHEEN, S/O.KHALID, NAMBARATHU HOUSE, KOODALLOOR P.O., KUMBIDI, OTTAPPALAM TALUK. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENT(S): STATE: --------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I OF POLICE, THRITHALA POLICE STATION. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.3628 of 2008 ------------------------------------- Dated this the 3rd day of October, 2008 ORDER Petitioner has come to this Court aggrieved by the dismissal of his petition under Section 451 Cr.P.C for release of a lorry belonging to him, which was seized by the police on the allegation that the same was used for transportation of river sand illegally. 2. Notice was given to the learned Public Prosecutor . The learned Public Prosecutor submits that the investigation is already complete. Final report has already been filed and the State does not have now any objection against release of the vehicle to the petitioner subject to appropriate terms and conditions. The learned Public Prosecutor points out that the defacto complainant is yet to pass orders regarding confiscation of the vehicle. 3. I am satisfied, in these circumstances, that subject to appropriate terms and conditions, the vehicle can be directed to be released to the petitioner. 4. In the result: a) This Crl.M.C is, in these circumstances, allowed; b) The impugned order is set aside; c) The vehicle bearing Reg.No.KL-12/3444 shall be released to the petitioner in whose soever possession it now is on the following terms and conditions: Crl.M.C. No.3628 of 2008 2 i) The petitioner shall produce before the learned Magistrate 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 to be assessed by the learned Magistrate in his discretion with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; iii) In such bond, the petitioner shall undertake that the vehicle shall be produced before the learned Magistrate or the authority competent to pass orders on confiscation as and when directed; iv) The petitioner shall make a cash deposit of Rs.25,000/- (Rupees Twenty five thousand only) before the learned Magistrate, which amount shall be released to him by the learned Magistrate on proof of the fact that the proceedings against the petitioner for confiscation of the vehicle has already been disposed of and the amount of penalty, if any, imposed has been deposited by him. 5. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-