Subair v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS THURSDAY, THE 21ST DAY OF MAY 2015/31ST VAISAKHA, 1937 Crl.MC.No.1811 of 2015 (G) --------------------------- AGAINST THE ORDER IN CMP 2709/2013 IN CRIME NO.782/13 OF NEDUMBASSERY POLICE STATION of J.M.F.C.-II, ALUVA DATED 27-12-2013 (CRIME NO. 782/2013 OF NEDUMBASSERY POLICE STATION , ERNAKULAM) PETITIONER:

--------------- SUBAIR, AGED 37 YEARS, S/O. AIYMU, ALOOPARAMBU HOUSE, SOUTH ADUVASERY KUNNUKARA VILLAGE, ERNAKULAM (DIST).

BY ADVS.SRI.ANIL K.MOHAMMED SRI.V.S.MANSOOR RESPONDENT:

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

BY PUBLIC PROSECUTOR SMT.BINDU GOPINATH THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 21-052015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No.1811 of 2015 (G) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------- ANNEXURE A- TRUE COPY OF ORDER DTD. 27-12-2013 IN C.M.P.NO. 2709 OF 2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ALUVA. RESPONDENT(S)' EXHIBITS:

NIL -------------------------------- // TRUE COPY // P.A TO JUDGE.

ALEXANDER THOMAS, J.

----------------------------- Crl.M.C.No.1811 Of 2015 --------------------------------- st day of May, 2015.

Dated this the 21

O R D E R

The prayer in this petition is covered against the petitioner in view of the dictum laid down by this Court in Asharaf v. Station House Officer reported in 2015 (2) KLT 224 wherein this Court has held that insistence of deposit of 30% of the assessed value of the vehicle is right and proper in accordance with law. The impugned order does not suffer from any legal or jurisdictional infirmity. In this view of the matter, the Crl.M.C is dismissed. ALEXANDER THOMAS, Judge.

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