IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 Crl.Rev.Pet.No. 834 of 2009() ----------------------------- CMP.330/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI .................... REVN. PETITIONER(S): ------------------------------------ VEERANKUTTY, S/O. SAITHALIKUTTY ACHARATHU VEEDU, POST THLAKKASSERY OTTAPALAM TALUK. BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENT(S): ------------------------- THE SUB INSPECTOR OF POLICE, TRITHALA POLICE STATION, THITHALA THOURGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 27/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.834 of 2009 = = = = = = = = = = = = = = Dated this the 27 th day of March, 2009 ORDER Petitioner, who claims to be the registered owner in respect of a tipper lorry bearing Registration No.KL 09/S-3116, challenges the order dated 18.02.2009 passed by the J.F.C.M, Pattambi dismissing his application under Section 457 Cr.P.C for interim custody of the said lorry which was seized by the Sub Inspector of Police, Thrithala on 23.1.09 on the allegation that it was used for transporting red soil illegally. 2. The learned Magistrate dismissed the application on the ground that eventhough no offence was committed with regard to the tipper lorry in question, there was every likelihood of the petitioner repeating the offence. 3. The learned Public Prosecutor on instructions submitted that the petitioner was actually reducing some hillocks to the earth and carrying the red soil illegally in a manner detrimental to the environment. 4. I am of the view that the petitioner can be granted interim custody of the vehicle subject to certain safeguards Crl.R.P.No.834/2009 -:2:- which will take care of the apprehension of the prosecution. Accordingly, the aforesaid tipper lorry is directed to be released on interim custody on the following conditions:- 1. The petitioner shall make a cash deposit of Rs.25,000/-(Rupees twenty five thousand only) before the learned Magistrate. 2. The petitioner shall not use the lorry for any illegal purpose including the activity referred to earlier. 3. The petitioner shall not transfer wholly or in part the lorry to any other person nor shall he place the lorry under the custody of any person. 4. 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. If the petitioner commits breach of any of the above conditions, the order granting him interim custody shall be liable to be cancelled. Dated this the 27 th day of March, 2009. V. RAMKUMAR, JUDGE sj