IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 Crl.MC.No. 895 of 2008 ------------------------ PETITIONER: ------------ MADHUSUDHANAN, S/O.APPU ACHARI AGED 27 YEARS, PALAKKAVAIPPEL, MEVALLOOR P.O. VELLOR DESOM, VELLOOR VILLAGE, VAIKOM TALUK KOTTAYAM DISTRICT (OWNER OF A MINI LORRY BEARING REGISTRATION NO. KL-6-5985) BY ADV. SRI.P.M.ZIRAJ RESPONDENTS: RESPONDENT ----------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM BY SUB INSPECTOR OF POLICE VELLOOR POLICE STATION. 2. DISTRICT COLLECTOR, KOTTAYAM. BY PUBLIC PROSECUTOR MR. PUZHAKKARA MUHAMMED THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J ...................................... Crl. M.C. 895 OF 2008 ...................................... Dated: 29 - 02 - 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 petitioners are permitted to apply again before the learned Magistrate who shall release the mini lorry in question on interim custody on each of the petitioners 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 each of the petitioners giving an undertaking on the following terms:- CRL.M.C.NO. 895/2008 -2- 1. The petitioners shall not permit the user of the lorry for any illicit purpose 2. The petitioners shall not transfer wholly or in part the lorry to any other person. 3. The petitioners 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. 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. CRL.M.C.NO. 895/2008 -3- V.RAMKUMAR, (JUDGE). ani V. RAMKUMAR, J CRL.M.C.NO. 895/2008 -4- ...................................... Crl. M.C. ...................................... Dated: 25 - 02 - 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 petitioners are permitted to apply again before the learned Magistrate who shall release the mini lorry in question on interim custody on each of the petitioners 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 each of the petitioners giving an undertaking on the following terms:- 1. The petitioners shall not permit the user of CRL.M.C.NO. 895/2008 -5- the lorry for any illicit purpose 2. The petitioners shall not transfer wholly or in part the lorry to any other person. 3. The petitioners 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. 4. The interim custody of the lorry shall be subject to final orders, if any, to be passed for confiscation. This ........... are disposed of as above. V. RAMKUMAR, JUDGE. ani CRL.M.C.NO. 895/2008 -6- V.RAMKUMAR, (JUDGE). ani