IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 3RD MAY 2011 / 13TH VAISAKHA 1933 Crl.MC.No. 1305 of 2011() ------------------------- CMP.286/2011 inO.R..23/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT, MATTANNUR .................... PETITIONER/ ACCUSED ---------------------- K.M.HANEEFA, S/O.MAMMU, RAZEENA MANZIL, KEEZHURKUNNU, IRITTY P.O., KANNUR. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): COMPLAINANT -------------------------- THE FOREST RANGE OFFICER, KOTTIYOOR, KANNUR DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR, SRI.B.VINOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ---------------------- Crl.M.C.No.1305 OF 2011 --------------------------- Dated this the 3rd day of May, 2011 O R D E R ~~~~~~~ A Jeep bearing Registration No.KL-13/E-8467 belonging to the petitioner was seized by the Forester, Iritty in connection with an offence under Sections 52, 66 and 61 of the Kerala Forest Act. The petitioner applied before the Judicial Magistrate of Fist Class, Mattanur for release of the vehicle under Section 457 of the Code of Criminal Procedure. By the order impugned, the learned Magistrate dismissed the petition stating that the vehicle has to be produced before the authorised officer for the initiation of the confiscation proceedings. Assailing the said order, this petition was filed under Section 482 of the Code of Criminal Procedure. 2. Having heard Sri. C.P.Peethambaran, learned counsel for the petitioner and Sri. B. Vinod, learned Government Pleader, I find no error or illegality in the order impugned. The apprehension of the learned counsel for the revision petitioner is that the authorised officer had not so far taken any steps for Crl.M.C.No.1305/2011. 2 the confiscation proceedings and the vehicle is subjected to rain and shine and there is every likelihood of getting the vehicle destroyed and that the petitioner is prepared to furnish guarantee provided it is released to him on whatever conditions. According to the learned Government Pleader, the confiscation proceedings would be initiated within two months and there is no likelihood of any undue delay so as to have the vehicle subjected to rain and shine. 3. In the above circumstance, this petition is disposed with liberty to the petitioner to move the authorised officer for release of the vehicle, In the event, there is delay in completing the confiscation proceedings for getting the vehicle released with undertaking to produce the same for the confiscation proceedings. (P.S.GOPINATHAN, JUDGE) ps