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2013 Supreme(Ker) 593

HARUN-UL-RASHID
Sasi – Appellant
Versus
State of Kerala Represented by represented through the Public Prosecutor High Court of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:M.R. Sarin, Advocate.
For the Respondents: R1 to R3, Rajesh Vijayan, Public Prosecutor.

JUDGMENT

1. Heard the learned counsel for the petitioner and learned Public Prosecutor for the respondents.

2. The Crl.M.C is filed seeking to quash the order dated 13.6.2013 in C.M.P.No.3028/2013 in Crime No.542/2013 of Kilimanoor Police Station. It is submitted that the petitioner is the registered owner of the vehicle in dispute. The offence alleged is punishable under Section 430 of IPC and Section 4(1) r/w 20 & 21 of the Mines and Minerals Development Regulation Act, 2001. The vehicle belonging to the petitioner was seized by the 2nd respondent and is kept in Kilimanoor Police Station as per the direction issued by the Judicial First Class Magistrate Court-II, Attingal.

3. The petitioner filed C.M.P.No.3028/2013 under Section 457 Cr.P.C to release him interim custody of the vehicle MGV Tipper. The court below placed reliance on the decision reported in Shan v. State of Kerala (2010 (3) KLT 413). The court below directed the petitioner to deposit 1,80,000/-as cash security and further to execute a bond for 6 Lakhs with two solvent sureties each for the like sum. The court also directed the petitioner either to produce a bank guarantee or the original title deed of his property






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