IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 13TH MAY 2008 / 23RD VAISAKHA 1930 Crl.MC.No. 1886 of 2008() ----------------------------------- CMP.1077/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... PETITIONER: ------------------ P.C.PAULSON, AGED 45, S/O CHAKKAPPAN, PAREKKATTIL VEEDU, PEECHANIKKADU ROAD, ANGAMALY. BY ADV. SRI.JAISON JOSEPH RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE, ANGAMALY POLICE STATION. BY PUBLIC PROSECUTOR SRI.K.C.SANTHOSHKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. K.MOHANAN, J. -------------------------------- Crl.M.C.No. 1886 of 2008 -------------------------------- Dated this the 13th day of May, 2008. O R D E R This is an application filed under Section 482 Cr.P.C, aggrieved by the second condition imposed by the court below as per Annexure A1 order by which the petitioner is directed to deposit Rs.25,000/- for the release of the vehicle. 2. I heard the learned counsel for the petitioner as well as the learned Public Prosecutor. 3. The vehicle in question involved in Crime No. 223 of 2008 of the Angamaly Police Station for offences punishable under Sections 447 and 427 of I.P.C. The alleged incident taken place on 24.02.08 at 9 p.m. The petitioner drove lorry bearing registration No. KL 07 D 4509 dashed into the room in Joseph Plaza belonging to the de-facto complainant and thereby causing destruction to the pillars and other structures in the process of construction resulting in a loss of Rs.50,000/- to the de-facto complainant. During the course of investigation of the above crime, the said vehicle was seized and produced before the CRMC No. 1886 OF 2008 2 Judicial First Class Magistrate Court II Aluva. CMP No.1077 of 2008 was moved by the petitioner under Section 457 of Cr.P.C for the release of the vehicle. As per the impugned order the learned Magistrate allowed the prayer, but imposed five conditions. Out of which the second condition is that the petitioner should deposit a sum of Rs.25,000/- in the court. It appears from the averments contained in this case that a civil dispute is pending between the petitioner as well as the de-facto complainant. The allegation against the petitioner is that the accused have committed the said offences which resulted in a loss of Rs.50,000/- to the de-facto complainant. 4. The counsel for the petitioner submits that the petitioner has no financial capacity to deposit such a huge amount and the imposition of such condition is illegal. 5. Having regard to the entire facts and circumstances of the case, it appears to me that considering the other conditions imposed as per the order in question, the same are sufficient to meet the ends of justice and therefore the second condition is not warranted at all. Therefore, the second condition imposed as per CRMC No. 1886 OF 2008 3 the impugned order is liable to be set aside. In the result, this Crl.M.C is allowed to the extent setting aside the second condition contained in Annexure A1 order, by directing the petitioner to deposit Rs.25,000/- in the court. V.K.MOHANAN, JUDGE. ttb