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2014 Supreme(Online)(KER) 33557

HIGH COURT OF KERALA
P.N.RAVINDRAN, J
SUNIL KUMAR C – Appellant
Versus
STATE OF KERALA – Respondent


JUDGMENT

The petitioner is a registered owner of a motor vehicle bearing registration No.KL-14-K-3217. It was seized by the Sub Inspector of Police, Bedakam Police Station on 15.3.2012 on the allegation that it was used to transport river sand without a valid permit. Thereupon Crime No.95/2013 of Bedakam Police Station was registered against the petitioner. The petitioner thereafter moved the Court of the Judicial Magistrate of First Class by filing C.M.P.No.3522 of 2013 and by order passed on 6.5.2013, a copy of which is on record on Ext.P1, the Court of the Judicial Magistrate of First Class-I, Kasaragod directed release of the vehicle by way of interim custody to the petitioner on the terms and conditions stipulated therein. The operative portion of the said order reads as follows:-

“4. In the result the petition is allowed as follows:

(i) Petitioners shall execute bond for ` 6,25,000/-

with two solvent sureties for sum each.

(ii) He shall deposit ` 1,87,500/- before this court in cash before executing the bond.

(iii) He shall produce properties security or bank guarantee for an amount of ` 4,37,000/-

before this court.

(iv) He shall not use or cause the said vehicle to be used for any

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