In Crl.MC.No. 2 of 2008, the Kerala High Court set aside an impugned order and directed the release of a mini lorry on interim custody to the petitioner upon deposit of a cash sum, execution of a bond, and specific undertakings.
Released interim custody of mini lorry on deposit of Rs.25,000, bond with sureties, and undertaking.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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:
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. KL11U 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
1 issue framed by the court
Whether the impugned order confiscating a mini lorry should be set aside and the vehicle released on interim custody.
Baburajan, S/o. Velayudhan
The State of Kerala Represented by the Sub Inspector of Police, Manjeri Police Station, through the Public Prosecutor
The Tahsildar, Ernad Taluk, Manjeri, Malappuram District
V. Ramkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
