IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933 Crl.MC.No. 4161 of 2011 ------------------------- AGAINST THE ORDER DATED 30/11/2011 IN (CC.206/2011) IN OR.17/2011 of JUDL.MAGISTRATE OF FIRST CLASS-II(FOREST OFFENCES), PUNALUR .................... PETITIONER: ----------------- IBRAHIMKUTTY, S/O.ASSANAR RAWTHER, CHARUVILA PUTHEN VEEDU,KARALIKONAM, ELAMADU VILLAGE, KOTTARAKKARA TALUK. BY ADV. SRI.G.BHAGAVAT SINGH RESPONDENT: ------------------- STATE OF KERALA, REPRESENTED BY FOREST RANGE OFFICER, ANCHAL. ADDL R2 IMPLEADED SMT.NOORJAHAN NOORJAHAN MANZIL, ELAMADU VILLAGE ARKKANNUR P.O., KOTTARAKKARA ADDL. R2 IS IMPLEADED AS PER ORDER DATED 19/12/2011 IN CRL M A 8370/2011 R1 BY SPL. GOVT. PROCECUTER SRI.M.P.MADHAVANKUTTY ADDL.R2 BY ADV. SMT.MINI GANGADHARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: STK Crl.MC.No. 4161 of 2011 APPENDIX PETITIONER ANNEXURES : 1: COPY OF THE NOTICE DATED 25/7/2011 ISSUED BY THE DFO, PUNALUR. 2: COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE DFO DATED 19/8/2011 3: COPY OF THE FINAL REPORT DATED 20/8/2011 FILED BY THE RESPONDENT 4: COPY OF APPLICATION NUMBERED AS CMP NO.7336/2011 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-11(FOREST OFFENCES) PUNALUR. 5: COPY OF THE ORDER DATED 30//11/11 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-11 (FOREST OFFENCES), PUNALUR. RESPONDENTS ANNEXURES: NIL //TRUE COPY// P A TO JUDGE STK N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C.No. 4161 of 2011 ------------------------------------------ Dated this the 19th day of December, 2011 ORDER Additional 2nd respondent appears through counsel. It is submitted by the counsel appearing for the additional respondent that she has no objection in ordering release of the vehicle to the petitioner herein. 2. The learner counsel for the petitioner submits that on going through page 4 of the final report, it can be seen that, the vehicle was seized by Forest officials since Malabar cibete was being carried in that vehicle. Petitioner is stated to be the owner of the vehicle who purchased it as per an agreement from second respondent who is the RC owner. The application for interim release under Section 451 Cr.P.C. was dismissed by the learned Magistrate since the vehicle is under the custody of the authorised officer who has initiated confiscation proceedings. Considering the factors mentioned in the report and the submission Crl.M.C.No. 4161 of 2011 -: 2 :- made by the learned counsel for the petitioner this petition is disposed of as stated below:- The vehicle in question shall be released to the petitioner on production of the agreement, RC and other vehicle documents. He will execute a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like amount before the JFCM – 2 (Forest Offences), Punalur. He will undertake by filing an affidavit that he will not transfer possession of the vehicle without permission of the court and that he will produce the vehicle before the Magistrate or the authorised officer as and when directed. N.K. BALAKRISHNAN, JUDGE. smvd