IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 Crl.MC.No. 1217 of 2008() ------------------------- PETITIONER: ------------ SAJEESH,U., S/O. VASU, AGED 22 YEARS, UKKANDATH HOUSE, PONNANI P.O. PALLIPPURAM DESOM MALAPPURAM DISTRICT AGREEMENT OWNER AND POSSESSOR OF THE VEHICLE kl-18-8147 BY ADV. SRI.SHOBY K.FRANCIS RESPONDENTS: ------------- 1. STATE OF KERALA/SUB INSPECTOR OF POLICE, CHANGARAMKULAM POLICE STATION, CHANGARAMKULAM, MALAPPURAM REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 2. DISTRICT COLLECTOR, MALAPPURAM 3. TAHSILDAR/DEPUTY TAHSILDAR,PONNANI TALUK, PONNANI BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-03-2008 , THE COURT ON 19/03/2008 PASSED THE FOLLOWING: V. RAMKUMAR, J ...................................... Crl. M.C. No. 1217 of 2008 ...................................... Dated: 19-03-2008 O R D E R Heard both sides. 2. In the light of the common order dated 25.02.2008 passed in Crl.M.C No. 543 of 2008 and connected cases, It is held that the learned Magistrate was not justified in refusing to entertain the petition filed under Sec. 457 Cr.P.C. The petitioner is permitted to apply again before the learned Magistrate who shall release the mini lorry in question on interim custody on the petitioner making a cash deposit for Rs. 25,000/- (Rupees twenty five thousand only) and executing a bond for Rs.5,00,000/- ( Rupees five lakhs only) 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 each of the petitioner giving an undertaking on the following terms:- Crl. M.C. No. 1217 of 2008 -2- 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 in the same condition in which it is released to him. 4. The interim custody of the lorry shall be subject to final orders, if any, to be passed for confiscation. This petition is disposed of as above. V. RAMKUMAR, JUDGE. ani