IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 Crl.Rev.Pet.No. 1202 of 2008 ------------------------------ CMP.789/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PARAPPANANGADI .................... REVN. PETITIONER: ------------------ M. SUBAIR, S/O.IBRAHIM, AGED 28 MECHERI HOUSE, ARIYALLUR AMSOM, KODAKKAD DESOM TIRURANGADI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.HARISH R. MENON SRI.K.T.SHYAMKUMAR RESPONDENTS: ------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE PARAPPANANGADI POLICE STATION, PARAPPANANGADI MALAPPURAM DISTRICT -THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, KOCHI-31. BY PUBLIC POSECUTOR MR. K.S. SIVAKUMAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 7-4-2008 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J ...................................... Crl. R.P. No.1202 of 2008 ...................................... Dated: 7th April 2008 O R D E R Head 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, the impugned order is set aside and C.M.P. No.789 OF 2008 on the file of the J.F.C.M-I, Parappanangadi shall stand restored to file and the goods autorikshaw in question shall be released to the petitioner 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 good autorikshaw for any illicit purpose 2. The petitioner shall not transfer wholly or in part the gooods autorikshaw to any other person. 3. The petitioner shall produce the goods autorikshaw 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 goods auorikshaw shall be subject to final orders, if any, to be passed for confiscation. This Petition is disposed of as above. V. RAMKUMAR, JUDGE. ks. 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 goods autorikshaw 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/- (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 each of the petitioner giving an undertaking on the following terms:- 1. The petitioner shall not permit the user of the goods auorikshaw for any illicit purpose 2. The petitioner shall not transfer wholly or in part the goods autorikshaw to any other person. 3. The petitioner shall produce the goods autorikshaw 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 good autorikshaw shall be subject to final orders, if any, to be passed for confiscation. This petition is disposed of as above. V. RAMKUMAR, JUDGE. ks