IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 Crl.MC.No. 2616 of 2008() ------------------------- CRMP.2088/2008 IN CRIME NO.121/08 of JUDL. MAGISTRATE OF FIRST CLASS MAGISTRATE COURT, PATTAMBI ................................. REVISION PETITIONER/ACCUSED: --------------------------------------------------- HASSAN A.P., S/O.MOIDHEEN, ANGADIPARAMBIL HOUSE, MEZHATHUR P.O. THRITHALA, PALAKKAD DISTRICT. BY ADV. SRI.KISHOR B. RESPONDENTS: STATE: ------------------------------------- 1. SUB INSPECTOR OF POLICE, PATTAMBI. 2. STATE OF KERALA, REPRESENTED 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 16/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J. ---------------------- Crl.M.C.No.2616 of 2008 ---------------------------------------- Dated this the 16th day of July 2008 O R D E R The petitioner's vehicle, an autorickshaw was allegedly involved in the commission of an offence punishable under the 'The Kerala Protection of River Banks and Regulation of Removal of Sand Act. The same was seized by the authorities. Crime was registered at the Thrithala police station. Seizure of the vehicle was reported to the learned Magistrate. 2. The learned Magistrate rejected the application on the short ground that there is every chance of repetition of the offence using the vehicle. No other reasons are shown to exist. The learned Magistrate proceeded to pass the impugned order dismissing the claim for release. The learned counsel for the petitioner submits that there are absolutely no justifiable reasons to refuse the prayer for release of the vehicle. The learned Magistrate must have imbibed the letter and spirit of the decision in Sunderbhai Ambalal Desai v. State of Gujarat [SC 2003(2) KLT 1089]. At any rate, care should have been taken to ensure that the vehicle is not exposed to sun and rain and subjected to unnecessary damage, destruction and deterioration. In any view of the matter, subject to appropriate conditions, the vehicle must Crl.M.C.No.2616/08 2 have been released to the petitioner. In the total absence of any material to suggest that the vehicle or the petitioner was involved in any previous similar crime, the apprehension that the offence may be repeated is absolutely unjustified, submits the learned counsel for the petitioner. 3. Notice given to the learned Public Prosecutor. The learned Public Prosecutor submits that the State has no objection in the vehicle being released to the petitioner subject to appropriate conditions as are usually insisted by the court. I am satisfied that the vehicle can be released to the petitioner and need not be exposed to sun and rain unnecessarily. I am satisfied that the learned counsel for the petitioner is justified in his submission that the principles enunciated in Sunderbhai (Supra) must have been followed by the learned Magistrate. Appropriate conditions can of course be imposed. 4. In the result, a) This Crl.M.C is allowed. b) The impugned order is set aside. The vehicle shall be released to the petitioner on the following terms and conditions. i) He shall produce all documents before the learned Magistrate to show that he is the person entitled to keep possession of the vehicle. Crl.M.C.No.2616/08 3 ii) He shall execute a bond equal to the value of the vehicle to be ascertained provisionally by the learned Magistrate with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. The petitioner, in the bond to be executed by him, shall undertake to produce the vehicle before the learned Magistrate or any other authority which may legally demand surrender of such vehicle. iii) The petitioner shall deposit an amount of Rs.17,500/- (Rupees seventeen thousand and five hundred only) before the learned Magistrate. That amount shall be released to the petitioner on his showing to the satisfaction of the learned Magistrate that proceedings initiated against the petitioner to impose penalty under the 'The Kerala Protection of River Banks and Regulation of Removal of Sand Act'' have been disposed of and amounts if any directed to be paid in such proceedings has already been paid and discharged. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.2616/08 4 Crl.M.C.No.2616/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008