IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 Crl.MC.No. 2625 of 2008() ------------------------- CRMP.2247/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II,PATHANAMTHITTA .................... PETITIONER/PETITIONER: ------------------------------------ MANIKUTTAN NAIR.P.K. PARUTHIYIL PUTHENVEEDU KUMMANNOOR AYIRAVAN MURI, KONNI BY ADV. SRI.V.PHILIP MATHEW RESPONDENT/COUNTER PETITIONER ----------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2625 of 2008 ---------------------------------------- Dated this the 22nd day of July 2008 O R D E R The petitioner is the owner of a vehicle which is involved in a crime alleging infraction of the provisions of 'The Kerala Protection of River Banks and Regulation of Removal of Sand Act'. The petitioner applied for release of the vehicle before the learned Magistrate and the learned Magistrate by the impugned order has rejected the prayer for release of the vehicle. That decision is primarily founded on the fact that the petitioner's vehicle was earlier involved in an offence under the provisions of the 'The Kerala Protection of River Banks and Regulation of Removal of Sand Act. 2. The learned counsel for the petitioner submits that the allegations are totally false. At any rate, it is not necessary to refuse release of the vehicle to the petitioner. Subject to any terms and conditions which this court feels proper and necessary, the vehicle may be directed to be released to the petitioner, it is submitted. 3. The learned Public Prosecutor only points out that appropriate and strict conditions may be imposed and it may be Crl.M.C.No.2625/08 2 made clear that any recurrence of commission of crime using the vehicle would entail forfeiture of the bond. I am satisfied that the vehicle can now be released to the petitioner subject to conditions which can and ought to be more onerous than the normal conditions which is insisted by this court. 4. In the result, a) This Crl.M.C is allowed. b) The vehicle - Tipper Lorry No.KL-03 Q 161 shall be released to the petitioner on the following terms and conditions: i) The petitioner shall produce before the learned Magistrate the necessary documents to show that he is the owner entitled to possession of the vehicle. ii) He shall execute a bond for an amount equal to the value of the vehicle to be fixed by the learned Magistrate with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. In the bond to be executed by the petitioner, the petitioner shall specifically undertake that the vehicle shall not be used for commission of any crime under 'The Kerala Protection of River Banks and Regulation of Removal of Sand Act' and that if any such offence is committed the bond shall get forfeited. Crl.M.C.No.2625/08 3 iii) The petitioner shall deposit an amount of Rs.35,000/- (Rupees thirty five thousand only) in cash before the learned Magistrate which amount shall be released to the petitioner on the petitioner satisfying the learned Magistrate that confiscation proceedings under 'The Kerala Protection of River Banks and Regulation of Removal of Sand Act' are already over and the order passed has been complied with by the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.2625/08 4 Crl.M.C.No.2625/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008