IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 Crl.MC.No. 4240 of 2008() ------------------------- CMP.3435/2008 of J.F.C.M PERINTHALMANNA .................... PETITIONER(S): PETITIONER/ACCUSED --------------------------------- C.K. HAMZA, S/O.KUNHUMUHAMMED CHERUKALATHILO HOUSE, PERINTHATTIL P.O., PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.KISHOR B. SRIKVIDYASAGAR RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KOLATHUR POLICE STATION. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4240 of 2008 ---------------------------------------- Dated this the 13th day of November 2008 O R D E R Petitioner's vehicle was allegedly used for the commission of an offence punishable under 'The Kerala Protection of River Banks and Regulation of Removal of Sand Act. The petitioner applied for release of the vehicle. The learned Magistrate, by the impugned order, rejected the same on the ground that the vehicle was earlier involved in a similar incident. 2. The learned counsel for the petitioner submits that the allegations are not correct. On both occasions, the vehicle was not so used. In appropriate proceedings, the petitioner shall be able to establish that his vehicle was not so involved. But at any rate, the vehicle may not be permitted to be exposed to sun and rain and suffer any avoidable damage and deterioration. Subject to any appropriate conditions the vehicle may be ordered to be released to the petitioner, it is prayed. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor submits that the State has no objection against release of the vehicle subject to appropriate conditions as are normally imposed by this court in respect of Crl.M.C.No.4240/08 2 vehicles which are allegedly involved in a second occasion for such violation. 4. I am satisfied that the vehicle can be directed to be released. In coming to the conclusion, the concerns which were adverted to by the Supreme Court in Sunderbhai Ambalal Desai v. State of Gujarat [SC 2003(2) KLT 1089] do weigh with me. 5. In the result, a) This petition is allowed. b) It is directed that the vehicle, Mini Lorry No. KL-6 5229 shall be released to the petitioner on the following terms and conditions. i) The petitioner shall produce before the learned Magistrate all documents to show that he is the person entitled to possession of the vehicle. ii) He shall execute a bond for an amount equal to the value of the vehicle as may be determined by the learned Magistrate with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. Crl.M.C.No.4240/08 3 iii) The petitioner shall deposit an amount of Rs.50,000/- (Rupees fifty thousand only) as cash security before the court below. iv) The petitioner shall, in the bond to be executed by him, undertake that the vehicle shall not be used or permitted to be used by him under the 'The Kerala Protection of River Banks and Regulation of Removal of Sand Act' for commission of any offence while it is in his possession on the strength of this order. 6. If the petitioner complies with the conditions, release order shall be issued by the learned Magistrate and thereupon the vehicle in whosesoever custody it is, shall be released to the petitioner forthwith. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.4240/08 4 Crl.M.C.No.4240/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008