Citing an interim order releasing a vehicle to the appellant, the Court closed the Writ Appeal without passing further orders despite concerns raised by the Government Pleader regarding bond conditions, stating the decision would not form precedent.
Writ Appeal closed; no further orders passed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 WA.No. 64 of 2010() ------------------AGAINST THE JUDGEMENT IN WPC.29714/2009 Dated 21/12/2009 ....................
APPELLANT:
R.MOHAN KUMAR, AGED 44 YEARS, S/O.RAMASAMY, ODAPPATTI, VELANCHITTIYOOR POST, ARAVAKURICHI TALUK, KARUR DISTRICT, TAMIL NADU: NOW RESIDING AT VINAYAKA HOUSE, S.K.V.COLLEGE ROAD, KANATTUKARA, THRISSUR - 11.
BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE
RESPONDENT(S):
ADDL. RESPONDENTS:
(ADDL. R5 TO R7 IMPLEADED AS PER ORDER DT.3.2.2010 IN I.A. 94/2010.)
(ADDL. R8 TO R11 IMPLEADED AS PER ORDER DT.3.2.2010 IN I.A. NO.101/2010.)
SR. G.P. SMT.K.MEERA FOR R1-4
SMT.SARITHA DAVID CHUNKATH FOR ADDL.R SRI.V.JAYAPRADEEP FOR ADDL.R
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.R.RAMAN, AG. C.J. & C.N.RAMACHANDRAN NAIR, J.
.................................................................... Writ Appeal No.64 of 2010
.................................................................... Dated this the 19th day of February, 2010.
JUDGMENT
. Raman, Ag. C.J
In view of the interim order passed by this Court and since the vehicle is already released to the appellant in compliance of the interim order, no further order is to be passed. Writ Appeal is closed. The learned Government Pleader points out that in the interim order passed by this court the conditions imposed does not secure the Government dues. However, in the factual situation since the vehicle is already released, we do not wish to pass any further orders, but we make it clear that this will not form precedence and in appropriate case the matter will be considered and in case there is a violation, particularly
2
the conditions of the bond, respondents shall bring the same to the notice of the court for appropriate modification.
P.R.RAMAN Acting Chief Justice
C.N.RAMACHANDRAN NAIR Judge
pms
R. Mohan Kumar
The District Collector, Thrissur
State of Kerala
Circle Inspector of Police, Cherapuzha
Sub Inspector of Police, Cherapuzha
P.R. Raman
C.N. Ramachandran Nair
As recorded by the court registry
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