IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 Crl.MC.No. 4111 of 2008() ------------------------- (CRIME NO. 945/08 OF KODUNGALLUR POLICE STATION) CMP.7797/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR .................... PETITIONER/PETITIONER: ----------------------------------- MUHAMED, S/O. SAIDH KAITHAVILAPPIL, AZHIKKODE KODUNGALLUR. BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 945/08 OF KODUNGALLUR POLICE STATION) BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4111 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of October, 2008 O R D E R The petitioner, whose vehicle (an autorikshaw) was allegedly involved in illicit transportation of river sand and which was seized by the police and in whose favour an order of release under Section 451 Cr.P.C. has been passed by the learned Magistrate has come to this Court complaining about the unnecessarily onerous condition imposed by the learned Magistrate, inter alia, that an amount of Rs.25,000/- must be made as cash deposit for release of the vehicle. 2. The learned counsel for the petitioner submits that consistent with the practice adopted by this Court and the subordinate courts imposition of the said condition of deposit of maximum amount of fine payable under Section 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act is not justified. Crl.M.C.No. 4111 of 2008 2 3. The learned counsel for the petitioner prays, the learned Prosecutor does not opposed the said prayer and I am satisfied that consistent with the practice followed the cash security amount can be reduced from Rs.25,000/- to Rs.15,000/- 4. This Crl.M.C. is allowed. The said condition is modified. The petitioner need make a cash deposit of Rs.15,000/- only. (R. BASANT) Judge tm