IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 Crl.MC.No. 1054 of 2008() ----------------------------- PETITIONER:- -------------- MUHAMMED ASHARAF T.A., S/O. ABDULLA, NELLIKUNNU, KASARAGODE BY ADV. SRI.BABU S. NAIR SRI.K.RAKESH RESPONDENTS/ STATE: --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KASARAGODE POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI – 31. 2. THE TAHSILDAR, KASARAGODE. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.03.2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J .............................................................. Crl. M.C. No. 1054 of 2008 ............................................................... Dated this the 10th day of March, 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/- (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 the petitioner giving an undertaking on the following terms:- 1. The petitioner shall not permit the user of the lorry for any illicit purpose CRL.M.C. NO. 1054/2008 : 2 : 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. 4. The interim custody of the lorry shall be subject to final orders, if any, to be passed for confiscation. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE. rv CRL.M.C. NO. 1054/2008 : 3 : V.RAMKUMAR, (JUDGE). ani