IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 19TH MAY 2008 / 29TH VAISAKHA 1930 Crl.Rev.Pet.No. 1540 of 2008() ---------------------------------------- CRIME NO.42/2008 OF RAMAMANGALAM POLICE STATION CMP.2782/2008 of JUDL.MAGISTRATE OF FIRST CLASS, KOLENCHERRY .................... REVN. PETITIONER: PETITIONER ---------------------------- C.N.MARAKAR, AGED 48, S/O.NINAN, P.W.D. CONTRACTOR, CHEMMALAKUDIYIL VEEDU, CHELAKULAM KARA, PERUMBAVOOR. BY ADV. SRI.P.CHANDY JOSEPH RESPONDENTS: RESPONDENTS ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE, RAMAMANGALAM POLICE STATION. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID, J. ------------------------------------- Crl.R.P No.1540 of 2008 ------------------------------------- Dated this the 19th day of May, 2008 O R D E R The prayer is to release the bitumen seized by the police worth Rs.2,83,126/-. According to the petitioner, he purchased 60 barrels bitumen from Bharath Petroleum Corporation Ltd. on paying the above said amount and produced Annexure A1 bill. This bitumen loaded in a lorry was intercepted by the second respondent at Pampakuda and on suspicion that the consignment of the vehicle are stolen goods. He moved an application under Sections 451 and 452 Cr.P.C. before the Judicial First Class Magistrate Court, Kolencherry seeking release of the article. The trial court on a consideration of the matter held that no materials are produced to show that the vehicle has got valid permit for transporting bitumen and therefore, the same cannot be considered released to its owner. 2. I find that no purpose will be served by keeping the article and vehicle in police station till the matter is decided by the learned Magistrate. Therefore, I order release of the CRL.R.P NO.1540/08 bitumen on condition that the petitioner offer security by way of unencumbered immovable property situated in Kerala State worth Rs.3 lakhs to the satisfaction of the learned Magistrate. The petition filed under Sections 451 and 452 Cr.P.C. is allowed. The Crl.R.P. is disposed of as above. HARUN-UL-RASHID, JUDGE csl