IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 Crl.MC.No. 2281 of 2008() ------------------------- (CRIME NO.390/08 OF PATHANAMTHITTA POLICE STATION) PETITIONER: ------------ HARI KRISHNAN, S/O.GOPALAKRISHNAN, KURUMBELIKANDATHIL VEEDU, KURAMBALA VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENTS: ------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2281 of 2008 ------------------------------------- Dated this the 18th day of June, 2008 ORDER Petitioner's vehicle was allegedly involved in the commission of an offence punishable under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. That vehicle was seized. The petitioner applied before the learned Magistrate for release of the said vehicle. The learned Magistrate allowed the said petition subject to conditions. The petitioner is aggrieved by condition No.2 imposed by the learned Magistrate. That condition obliges the petitioner to produce a bank guarantee of Rs.1 lakh or to furnish cash security for the same amount. The vehicle is not involved in any previous incidence of similar crime. 2. The learned counsel for the petitioner submits that a bond for Rs.2.5 lakhs with solvent sureties having already been insisted, it is totally unnecessary to insist on a bank guarantee or a cash deposit. The learned Public Prosecutor submits that usually and normally a penalty of Rs.25,000/- (Rupees Twenty five thousand only) is imposed by the District Collector in proceedings under the Act. I am satisfied, in these circumstances, that the Crl.M.C. No.2281 of 2008 2 said condition No.2 can be modified and it can be directed that if the petitioner makes a cash deposit of Rs.25,000/- before the learned Magistrate, which deposit shall be released to the petitioner on satisfaction that the confiscation proceedings before the District Collector is over and the petitioner has complied with the direction in such confiscation order, if any, the said condition No.2 can be deleted. 3. In the result, this Crl.M.C is allowed. The said condition No.2 shall stand modified to the above extent. 4. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-