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2014 Supreme(Ker) 269

K.RAMAKRISHNAN
Abdul Nazer – Appellant
Versus
State of Kerala, represented by Public Prosecutor, High Court of Kerala – Respondent


Advocates Appeared:
For the Petitioner:K.K. Mohamed Ravuf, Advocate.
For the Respondent: P. Maya, Public Prosecutor.

Judgment

1. This is an application filed by the petitioner to modify condition No-1 in Annexure A1 order passed by the Judicial First Class Magistrate Court, Vatakara in Crl. M.P. No. 1630 of 2014 under Section 482 of Code of Criminal Procedure.

2. It is alleged in the petition that the petitioner is the registered owner of KL-65/A.460 Hyundai Eon Era Plus Car. The car involved in an abkari Crime No. 25 of 2014 of Vatakara Excise Range without his knowledge and he has not been made an accused as well. Even Section 67B of the Abkari Act is not attracted in such cases as evident from Sub Clause (2) of Section 67C of the Abkari Act itself. So, petitioner filed an application for interim custody of the vehicle and the learned magistrate by Annexure A1 order allowed the application on condition that he will have to furnish cash security of Rs. 2,10,000/- as condition for getting interim custody. On account of this, he is finding it difficult to get the vehicle released. He is prepared to furnish property security instead of cash deposit. So, petitioner has no other remedy except to approach this court seeking the following relief:-

"To allow this petition and modify the Condition No.1
























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