IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 Crl.MC.No. 4092 of 2008() ------------------------- CRMP.5888/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR. CRIME NO.709/08 OF THE PANDALAM POLICE STATION .................... PETITIONER(S): --------------- R.RAVI, S/O. RAGHAVAN, CHIRAMUDI VADKKEKKARA, POOZHIKKADU, KURAMPALA VILLAGE, ADOOR TALUK, PATHANAMTHITTA DIST. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): --------------- 1. S.I. OF POLICE, PANDALAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4092 of 2008 ------------------------------------------------- Dated this the 4th day of November, 2008 ORDER The petitioner is the owner of a motorcycle bearing registration No.KL/3P 2743. That vehicle was seized in connection with the investigation of a crime registered under the Kerala Abkari Act. The vehicle was produced before the learned Magistrate. The petitioner applied for release of the vehicle. The application was dismissed by the impugned order on the ground that the proceedings under Sec.67B of the Kerala Abkari Act has been initiated. 2. The petitioner submits that the vehicle was seized as early as on 27/9/08. The vehicle is being exposed to sun and rain. Till the petition was filed, no notice has been received under Sec.67C of the Abkari Act. Further exposure of the vehicle to sun and rain would cause serious hardship, Crl.M.C. No. 4092 of 2008 -: 2 :- difficulties and loss to the petitioner. Whether under Sec.457 or Sev.451 Cr.P.C. or invoking the powers under Art.226 of the Constitution the vehicle can be ordered to be released to the petitioner subject to any appropriate terms and conditions, the said scenario of the vehicle being exposed to sun and rain may not be permitted and suffering of damage and deterioration may not be permitted, submits the learned counsel for the petitioner. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor reports that notice under Sec.67C of the Abkari Act has already been issued and the same has been served on the petitioner on 31/10/08 as per the instructions received. The learned Public Prosecutor submits that the State has no objection in the vehicle being released to the petitioner subject to appropriate conditions and safeguards which shall secure the interests of the State. 4. I am satisfied that appropriate directions for release of the vehicle can be issued. This Crl.M.C. is, in these circumstances, allowed. The vehicle shall be released to the petitioner on the following terms and conditions: (i) The petitioner shall produce before the learned Magistrate all documents to satisfy the learned Magistrate that he is the owner and entitled to possession of the vehicle. Crl.M.C. No. 4092 of 2008 -: 3 :- (ii) He shall execute a bond for the value of the vehicle and provide bank guarantee for the said amount from a nationalised bank to the satisfaction of the learned Magistrate. (iii) In such bond to be executed by the petitioner, the petitioner shall undertake to produce the vehicle before the learned Magistrate or before the authority under Sec.67B of the Abkari Act as and when the said proceedings are completed and a valid order is issued calling upon the petitioner to produce the vehicle before such authority. 5. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 4092 of 2008 -: 4 :-