IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 Crl.MC.No. 4036 of 2008() ------------------------- CRIME NO. 86/2007 OF KODENCHERY POLICE STATION PETITIONER(S): --------------- M.D. SABU, AGED 30 YEARS, DEVASSIA, RESIDING AT MOOTHEDATH HOUSE, POOTHADY AMSOM AND DESOM, SULTHAN BATHERY TALUK, WYNAD DISTRICT. BY ADV. SRI.P.DALBI EMMANUEL SRI.A.T.ANILKUMAR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, KODENCHERY THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM IN CRIME NO. 86/2007. 2. MAHAVEER CHAND REDH, FINANCIER NO.21, IRULAPPAN STREET, SOWCARPETT, CHENNAI-600 079. R1 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB SRI.O.S.JAFARKHAN FOR R2 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4036 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of November, 2008 O R D E R The vehicle belonging to the petitioner – KL 12/A 4014 – was seized by the police in connection with the investigation into the crime registered under Sections 457 and 380 I.P.C. Petitioner was not arrayed as an accused. There are altogether three accused persons. The petitioner's vehicle was allegedly used for the transportation of the stolen articles. That is the only connection between the petitioner's vehicle and the alleged offences committed. The petitioner applied for release of the vehicle. The learned Magistrate rejected the same. 2. Notice was given. The learned Prosecutor, after taking instructions, submits that the respondent/State has no objection against release of the vehicle to the petitioner subject to appropriate terms and conditions. A statement to that effect is being filed, it is submitted. Copy of the same has been placed Crl.M.C.No. 4036 of 2008 2 before me. Investigation is almost complete and final report shall shortly be filed, it is submitted. 3. In the absence of opposition, I am satisfied that the vehicle can be directed to be released to the petitioner subject to appropriate terms and conditions. 4. In the result: a) This Crl.M.C. is allowed. b) The impugned order is set aside. c) It is directed that the vehicle shall be released to the petitioner on the following terms and conditions. i) The petitioner shall produce all documents before the learned Magistrate to show that he is the person entitled to possession of the vehicle. ii) He shall execute a bond for an amount equal to the value of the vehicle to be determined by the learned Magistrate with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. Crl.M.C.No. 4036 of 2008 3 iii) In the bond to be executed by the petitioner, he shall undertake to produce the vehicle before the learned Magistrate or before any such authority as may be directed by the learned Magistrate from time to time. (R. BASANT) Judge tm