IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 Crl.MC.No. 2 of 2008() ---------------------- CMP.4372/2007 of JUDL. MAGISTRATE OF FIRST CLASS, MALAPPURAM .................... PETITIONER: -------------- BABURAJAN, S/O. VELAYUDHAN, MARATH POONTHOTTATHIL HOUSE, VELIPRAM, RAMANATTUKARA, KOZHIKODE DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS/STATE: ------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, MANJERI POLICE STATION,-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI -31. 2. THE TAHSILDAR, ERNAD TALUK, MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J ========================== CRL.M.C. NO. 2 of 2008 ========================== Dated this the 1st day of January, 2008. ORDER In the light of the order dated 05.12.2007 passed by the Division Bench of this Court in Crl.R.P. No. 3953/2007, the impugned order is set aside and the mini lorry in question bearing registration No. KL- 11U 1069 shall be released on interim custody to the petitioner on the petitioner making a cash deposit of Rs.25,000/- (Rupees twenty five thousand only) before the Thahasildar, Ernad and executing a bond for such amount as may be fixed by the Thahasildar with two solvent sureties for such amount without insisting on any solvency certificate or property security and on his undertaking that he shall not alienate the mini lorry in question nor shall he dismantle the vehicle or allow the same to be used for any illicit purpose and that he shall produce the vehicle as and when required by the District Collector, Malappuram. The interim release of the vehicle will be subject to confiscation, if any, passed by the District Collector. V. RAMKUMAR, JUDGE. rv