IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 Crl.MC.No. 2038 of 2008() ------------------------- CRMP.2791/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHALAKUDY .................... PETITIONER: ------------ SANTHOSH, S/O. SANKARANKUTTY ALUKKATHARA HOUSE VE4LLANGALLUR, THRISSUR DIST. BY ADV. SRI.RAJESH VIJAYAN RESPONDENTS: ------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2038 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of May, 2008 O R D E R The vehicle belonging to the petitioner has been seized by the police on the allegation that it is involved in the transportation of river sand contrary to the provisions of the Kerala Protection of River Banks And Regulation of Removal of Sand Act. The petitioner approached the learned Magistrate ad the learned Magistrate directed release of the vehicle on conditions. Inter alia, it is directed that the petitioner must execute a bond for Rs.2,00,000/- with two solvent sureties each for the like sum. The petitioner is aggrieved by the further direction that the sureties must produce solvency certificate for the said amount. It is prayed that the said condition may be deleted. 2. The learned Prosecutor submits that ordinarily the penalty imposed is Rs.25,000/- per vehicle and if the said condition to insist on production of solvency certificate were to Crl.M.C.No. 2038 of 2008 2 be dispensed with, it may be directed that the petitioner must furnish cash security of Rs.25,000/- I am satisfied that the said prayer can be accepted. 3. This Crl.M.C. is accordingly allowed. Condition No.2 imposed in the order dt. 27.2.2008 passed by the learned J.F.C.M., Chalakkudy is deleted and instead it is directed that the petitioner must furnish cash security of Rs.25,000/- If any penalty is ordered by the Revenue authorities, the amount of Rs.25,000/- shall be returned to the petitioner on proof of payment of such penalty. (R. BASANT) Judge tm