IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 Crl.MC.No. 2069 of 2011() ---------------------------------------- (CRIME NO.591/2011 OF KADAVANTHARA POLICE STATION, ERNAKULAM DISTRICT) .......... PETITIONER(S): ACCUSED: ----------------------------------------- SATHAR, S/O,WAHID, AGED 34 YEARS, HOUSE NO.2/698, ELAVAKKAD, VAZHAKKALA, THRIKKAKARA, KOCHI. BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.591/2011 OF KADAVANTHARA POLICE STATION, ERNAKULAM DISTRICT). BY PUBLIC PROSECUTOR SRI. B. JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.2069/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.1: COPY OF REGISTRATION CERTIFICATE OF VEHICLE BEARING REGISTRATION NO.KL-05/J 3794. ANNEX.II: COPY OF GOODS CARRIAGE PERMIT OF VEHICLE NO.KL-05/J 3794. ANNEX.III: COPY OF THE FIRST INFORMATION STATEMENT ALONG WITH LETTER OF COCHIN CORPORATION. ANNEX.IV: COPY OF ORDER NO.C/2708/2011 DTD. 05/07/2011 PASSED BY THE SUB DIVISIONAL MAGISTRATE COURT, FORT KOCHI. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss B.P.RAY, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.2069 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of July, 2011 ORDER Heard learned counsel for the petitioner and the learned Public Prosecutor. 2. Petitioner is the registered owner of the vehicle bearing Reg.No.KL- 05-J 3794. According to the petitioner, said vehicle was used to remove hotel waste water. The Circle Inspector of Police, Kadavanthara Police Station, seized the vehicle and registered Crime No.591/2011 alleging offences punishable under Sections 340A and 340B of the Municipalities Act on the basis of the allegation that the driver of the vehicle attempted to unload toilet waste in a public place. 3. Petitioner filed an application for release of the vehicle bearing Reg.No.KL-05-J 3794 during the pendency of the trial. While directing release of the vehicle, learned Magistrate has imposed the following conditions: 1. Ernakulam Regional Transport Officer has decided the value of vehicle as Rs.2,25,000/-. 30% of the said amount shall be deposited in the PD Account of Fort Kochi, Sub Divisional Magistrat Court. 2. To produce bank deposit/bank guarantee equivalent to 70% of the value of the vehicle or original deed and land tax receipt of the landed property of the applicant equivalent to the said value. Crl.M.C.No.2069 OF 2011 :: 2 :: 4. This Criminal Miscellaneous Petition, filed under Sections 482 and 483 of Cr.P.C., is to modify the condition imposed by the Sub Divisional Magistrate, Fort Kochi. In the above facts and circumstances of the case, I modify the condition to the extent that petitioner shall furnish property surety to the tune of Rs.5,00,000/- with one solvent surety for the like sum to the satisfaction of the learned Magistrate. Ordered accordingly. Criminal M.C. is disposed of. B.P.RAY, JUDGE jes