IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 Crl.MC.No. 234 of 2009() ------------------------ CMP.4008/2008 of JUDL. MAGISTRATE OF FIRST CLASS-III, KOZHIKODE .................... PETITIONER(S): --------------- M.K.SHAMSUDDIN, S/O AHAMMED,MANIYATT, FEROKE, KOZHIKODE. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): --------------- THE STATION HOUSE OFFICER, PANNIYANKARA POLICE STATION,KOZHIKODE,REP; BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 234 of 2009 ------------------------------------------------- Dated this the 20th day of January, 2009 ORDER The petitioner's vehicle is allegedly involved in the commission of an offence under the Kerala Protection of River Banks and Regulation of Sand Act, 2001. The petitioner applied for release of the vehicle and the learned Magistrate subject to conditions directed the release of the vehicle to the petitioner. Inter alia, a condition was imposed that the petitioner must make a cash deposit of Rs.50,000/- as security. The petitioner is aggrieved by that direction. It is submitted that the amount to be deposited may be reduced to Rs.25,000/-. 2. Notice was given to the learned Public Prosecutor. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that consistent with the practice followed in this Court, in the Crl.M.C. No. 234 of 2009 -: 2 :- facts and circumstances of this case, the petitioner need be directed to deposit only an amount of Rs.25,000/-. The said request is accepted. 3. In the result: (a) This Crl.M.C. is allowed. (b) Condition No.2 imposed on the petitioner in the impugned order is modified and reduced. If the petitioner complies with the other conditions and deposits an amount of Rs.25,000/- instead of Rs.50,000/- as fixed in Condition No.2, the vehicle shall be released to the petitioner subject, of course, to other conditions imposed on the petitioner. 4. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 234 of 2009 -: 3 :-