IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 Crl.MC.No. 4028 of 2008() ------------------------- CRMP.2429/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PARAPPANANGADI .................... PETITIONER: --------------- SAIDALAVI K.P., AGED 32 YEARS, S/O.BEERAN, KARIPARAMBATH HOUSE, TIRURANGADI, MALAPPURAM DISTRICT. (OWNER OF VEHICLE BEARING REG.NO.KL-10-K.5904). BY ADV. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL (1086/92) RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - REPRESENTING CIRCLE INSPECTOR OF POLICE, TIRURANGADI. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4028 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of November, 2008 O R D E R A vehicle belonging to the petitioner was seized on 23.9.2008 as per the provisions of the Kerala Anti Social Activities (Prevention) Act. The petitioner approached the learned Magistrate for release of the vehicle, which has been allowed. The vehicle has been directed to be released. The petitioner is aggrieved by one condition which obliges him to make a deposit of Rs.50,000/- in cash. 2. The learned counsel for the petitioner submits that the said condition is too onerous and the petitioner is not able to comply with that condition and take release of the vehicle. He shall comply with all other conditions, but direction for deposit of Rs.50,000/- may be set aside or atleast modified. The amount may be reduced, it is prayed. 3. I note that the vehicle has been remaining in custody from 23.9.2008. The learned Prosecutor submits that two more Crl.M.C.No. 4028 of 2008 2 months time is required for final disposal of the case. I am, in these circumstances, satisfied that the impugned condition can be modified. In coming to this conclusion the concerns expressed by the Supreme Court in Sunderbhai Ambalal Desai v. State of Gujarat (AIR 2003 SC 638) do weigh with me. 4. In the result: a) This Crl.M.C. is allowed in part. 2. The said condition No.2 is modified. In modification of the condition No.2, it is directed that the petitioner shall deposit an amount of Rs.25,000/- in cash. 5. Hand over the order. (R. BASANT) Judge tm