IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 Crl.MC.No. 1133 of 2008() ----------------------------- PETITIONER: -------------- SANTHOSH M.C., S/O. CHAKRAPANI, AGED 38 YEARS, MANAKKAPARAMBIL, UDAYAMPEROOR, NADAKKAVU P.O., MANAKKUNNAM VILLAGE, ERNAKULAM DISTRICT. (OWNER OF AN APE GOODS AUTORIKSHAW BEARING REGISTRATION NO. KL7-AV-9433) BY ADV. SRI.P.M.ZIRAJ RESPONDENTS: ----------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM BY SUB INSPECTOR OF POLICE, VAIKOM POLICE STATION. 2. DISTRICT COLLECTOR, KOTTAYAM. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.03.2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J .............................................................. Crl. M.C. No. 1133 of 2008 ............................................................... Dated this the 14th 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 autorickshaw in question on interim custody on the petitioner making a cash deposit for Rs. 10,000/- (Rupees ten thousand only) and executing a bond for Rs.2,00,000/- (Rupees two 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 autorickshaw for any illicit purpose CRL.M.C. NO. 1133/2008 : 2: 2. The petitioner shall not transfer wholly or in part the autorickshaw to any other person. 3. The petitioner shall produce the autorickshaw before the Magistrate as and when directed to do so. 4. The interim custody of the autorickshaw 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. 1133/2008 : 3: V.RAMKUMAR, (JUDGE). ani