IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 Crl.MC.No. 478 of 2005(D) ------------------------------------ [THE ORDER DATED 07/12/2004 IN CMP.NO. 3290/04 IN OR.9/2004 OF THE JUDICIAL MAGISTRATE OF FIRST CLASS COURT-II(FOREST OFFENCES), MANJERI] .................... PETITIONER/RESPONDENT: ---------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (O.R.NO.9/2004, KALIKAVU-NUDUNKAYAM FOREST STATION). BY PUBLIC PROSECUTOR MR.RAJESH VIJAYAN. RESPONDENT/PETITIONER: ----------------------------------------- PRADEEP, S/O.PRABHAKARAN, AMBARAMBALAM, NILAMBUR TALUK. BY THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO.478/2005-D: APPENDIX PETITIONER'S ANNEXURE:- ANNEXURE A: ORDER DTD. 07/12/2004 IN C.M.P.NO.3290/04 IN O.R. NO.9/04 OF JUDICIAL FIRST CLASS MAGISTRATE -II (FOREST OFFENCE), MANJERI. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.S. TO JUDGE Prv. N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.478 of 2005 ---------------------------------------------------- Dated this the 3rd day of December, 2011 Order The petitioner did not take steps to effect notice in the Crl.M.C. The Crl.M.C. was filed in the year 2005 challenging the order of interim custody passed by the learned Magistrate on 7.12.2004. The vehicle was stated to have been seized for using it for the commission of the offences under the Kerala Forest Act and also under the Wild Life (Protection) Act. While ordering interim release of the vehicle, the learned Magistrate has imposed certain conditions. Since the vehicle must have been released to the party, after six years, I do not think that any modification is required to be done in the impugned order. If the conditions imposed by the learned Magistrate are not complied with, the learned Magistrate will proceed in accordance with law. Similarly, if any other direction is required, the petitioner can approach the learned Magistrate. Subject to above observations, this Crl.M.C. is closed. N.K.BALAKRISHNAN, JUDGE. srd 2 3