IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 Crl.MC.No. 3193 of 2008() ------------------------- CRMP.8628/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHALAKUDY CRIME NO.344/2008 OF KORATTY POLICE STATION .................... PETITIONER: ACCUSED NO.1: ------------------------- LONACHAN, S/O.OUSEPH, PALATTY HOUSE, PALAMURI, MELOOR, THRISSUR DISTRICT BY ADV. SRI.A.C.DEVY RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3193 of 2008 ---------------------------------------- Dated this the 29th day of August 2008 O R D E R The petitioner is the first accused in a crime registered under Section 399 I.P.C. A vehicle belonging to him was seized in that crime. The nexus between the vehicle and the offence alleged is only that the accused persons were found traveling in that vehicle. The petitioner applied for release of the vehicle. The learned Magistrate, by the impugned order, rejected the petition. The petitioner has come to this court aggrieved by the said dismissal of his petition. 2. The learned Public Prosecutor was directed to take instructions. The learned Public Prosecutor submits now that the State has no objection against release of the vehicle in favour of the petitioner subject to appropriate terms and conditions and safeguards. I am satisfied, in these circumstances that this petition can be allowed and the vehicle can be directed to be released to the petitioner subject to appropriate terms and conditions. Crl.M.C.No.3193/08 2 3. In the result, a) This Crl.M.C is allowed. b) The impugned order is set aside. c) The vehicle shall be released to the petitioner on condition that : (i) He produces all necessary 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 fixed by the learned Magistrate with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. In such bond, he shall undertake to produce the vehicle as and when directed by the learned Magistrate. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.3193/08 3 Crl.M.C.No.3193/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008