A.C.Sreedaran vs State Of Kerala
2021 Latest Caselaw 21708 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR. JUSTICE K.HARIPAL
    TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
                     CRL.MC NO. 3773 OF 2021
  CRL.M.P. No. 1192/2021 OF JUDICIAL FIRST CLASS MAGISTRATE - I,
                        ALATHUR, PALAKKAD
        CRIME NO. 79/2021 OF EXCISE RANGE OFFICE, ALATHUR
PETITIONER/OWNER OF SEIZED VEHICLE:

          A.C.SREEDARAN,
          AGED 61 YEARS
          S/O. CHATHUNNY,
          ANALIPARAMBIL HOUSE,
          CHEMBUCHIRA P.O.,
          KODAKARA,
          THRISSUR-680684.

          BY ADVS.P.THOMAS GEEVERGHESE
                  TONY THOMAS (INCHIPARAMBIL)
                  E.S.FIROS
                  AMRUTHA K.P.


RESPONDENTS/STATE:

          STATE OF KERALA,
          REPRESENTED BY THE PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA,
          ERNAKULAM-682031.

          BY SMT. C. SEENA, PUBLIC PROSECUTOR



     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
02.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.3773 OF 2021            2




                                 ORDER

In modification of condition No. (i) in Annexure C order, by

order dated 17.08.2021, this Court had enabled the petitioner to get

the vehicle released on executing bond for Rs. 1,00,000/- with two

solvent sureties for the like amount to the satisfaction of the

jurisdictional Magistrate.

2. Now it is complained that the vehicle is not being

released by the Excise officials. That cannot be approved.

The vehicle shall be released forthwith to the petitioner on the

basis of the order of this Court on 17.08.2021. I make it clear that

this will not stand on the way of continuing the confiscation

proceedings.

Crl. M.C. is disposed of as above.

SD/-

K.HARIPAL

JUDGE

DCS/02.11.2021

APPENDIX

PETITIONER'S ANNEXURE

ANNEXURE A A TRUE COPY OF CRIME AND OCCURRENCE REPORT IN CRIME NO.79/2021 OF EXCISE RANGE OFFICE, ALATHUR.

ANNEXURE B TRUE COPY OF COMPOUNDING RECEIPTS CRIME NO.79/2021 DATED 22/07/2021.

ANNEXURE C CERTIFIED COPY OF ORDER IN CRL. MP 1192/2021 DATED 22ND JULY 2021 OF JUDICIAL FIRST CLASS MAGISTRATE-I, ALATHUR, IN CRIME NO. 79/2021 OF EXCISE RANGE OFFICE, ALATHUR. (DATE WRONGLY SHOWN AS 22ND APRIL 2021 IN FIRST PAGE, BUT CORRECTLY WRITTEN IN LAST PAGE)

ANNEXURE D TRUE COPY OF JUDGMENT IN P.B. BENSON V.

EXCISE INSPECTOR, WPC 20144/2010.

ANNEXURE E TRUE COPY OF JUDGMENT IN SUBEESH V. STATE OF KERALA CRL. MC 6294/2021 DATED 10/11/2014.