IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 Crl.MC.No. 2276 of 2008() ------------------------- CMP.2070/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI .................... PETITIONER: ACCUSED ------------------------- SAJEESH, S/O.MADHAVAN, VETTUKKATTUVALAPPIL HOUSE, POST THRITHALA, PALAKKAD DISTRICT. BY ADV. SRI.KISHOR B. SRIKVIDYASAGAR RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, THRITHALA POLICE STATION, BY PUBLIC PROSECUTOR, SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 2276 OF 2008 ----------------------------------------------- Dated this the 25th day of June, 2008 O R D E R Petitioner is the owner of a vehicle bearing No. KL-5E-680. The said vehicle was allegedly involved in an offence under the Kerala Protection of River Banks & Regulation of Removal of Sand Act, 2001 and the same was seized. Seizure was reported to the learned Magistrate. Petitioner applied for release of the vehicle. The said prayer was rejected by the learned Magistrate apprehending that, if released the vehicle may be used again for commission of similar offence. 2. The learned counsel for the petitioner submits that there is no merit whatsoever in the apprehension of the court below. The vehicle is not involved in any identical crime earlier. Subject to any appropriate terms and conditions, vehicle may now be released to the petitioner, it is prayed. The learned Prosecutor does not oppose the said prayer. Under normal circumstances, a penalty of Rs.25,000/- is likely to be imposed in confiscation proceedings in Kerala Protection of River Banks & Regulation of Removal of Sand Act. In these circumstances, adequate Crl.M.C. No. 2276 OF 2008 2 conditions may be imposed and the vehicle may be released, it is prayed. I am satisfied in the facts and circumstances of this case that this petition can be allowed. Impugned order can be set aside and vehicle can be directed to be released to the petitioner subject to appropriate terms ad conditions. In the result: a) This Crl.M.C is allowed. b) Impugned order is set aside. c) The vehicle shall be released to the petitioner on the following terms and conditions. i) He shall produce all documents to show that he is the owner to be entitled for the possession of the vehicle before the learned Magistrate. ii) The petitioner shall execute a bond for an amount equal to the value of the vehicle as provisionally decided by the learned Magistrate along with two solvent sureties to the satisfaction of the learned Magistrate. iii) The petitioner shall make cash deposit of Rs.25,000/- before the learned Magistrate which amount shall be released to the petitioner if he satisfies the learned Magistrate that confiscation proceedings Crl.M.C. No. 2276 OF 2008 3 under the Kerala Protection of River Banks & Regulation of Removal of Sand Act have been completed and that he has complied with the order, if any, directing payment of penalty. iv) In the bond to be executed, the petitioner shall undertake that the vehicle shall be produced before the learned Magistrate or any other authority as may be directed by the learned Magistrate from time to time. Handover copy of this order today itself. R. BASANT, JUDGE ttb Crl.M.C. No. 2276 OF 2008 4 Crl.M.C. No. 2276 OF 2008 5