IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 18TH APRIL 2008 / 29TH CHAITHRA 1930 Crl.MC.No. 1696 of 2008() ------------------------- (TO DIRECT THE J.F.C.M COURT, TIRUR TO RELEASE THE VEHICLE ON INTERIM CUSTODY) PETITIONER: ------------ SHAMSUDEEN, S/O.AZEEZ, 35 YEARS, THETTUNGAPARAMBIL HOUSE, CHAMRAVATTOM, TIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.K.P.SUDHEER RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KALPAKANCHERRY POLICE STATION, MALAPPURAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE TAHSILDAR, TIRUR TALUK, MALAPPURAM. BY PUBLIC PROSECUTOR SRI.C.M.KAMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ------------------------------------ Crl.M.C.No.1696 of 2008 ------------------------------------- Dated this the day of April, 2008 ORDER The above Crl.M.C is filed with a prayer to direct the learned Judicial First Class Magistrate Court to release the vehicle bearing Reg.No.KL 09E 2109 (TATA 407 Pickup Van) to the petitioner. According to the averments in the Crl.M.C, on 16.04.08, the above vehicle of the petitioner was intercepted by the 2nd respondent for the alleged transportation of river sand illegally without any authority and in contravention of the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. The 2nd respondent handed over the vehicle to the 1st respondent and the same is kept in the custody of the 1st respondent. In support of the above prayer, several factual and legal grounds are advanced. The learned Public Prosecutor strongly opposed the prayer. 2. It is brought to my notice that in identical cases orders have been issued by this Court for release of the vehicle through the concerned Magistrate Court. Annexure-A1 is one of such orders, wherein it is stated that a common order dated 25.02.08 Crl.M.C.No.1696 of 2008 2 was passed in Crl.M.C.543 of 2008 and connected cases and in that order it was held that the learned Magistrate was not justified in refusing to entertain the petition filed under Section 457 Cr.P.C. 3. In the light of the above facts and circumstances and the orders passed by this Court, I am inclined to dispose of this Crl.M.C. Accordingly, the learned Judicial Magistrate of the First Class, Tirur is directed to release the vehicle bearing Reg.No.KL 09E 2109 (TATA 407 Pickup Van) to the petitioner on interim custody on making a cash deposit of Rs.25,000/- (Rupees Twenty five thousand only) and executing a bond for Rs.5 lakhs with two solvent sureties each for the like sum (without insisting on solvent certificate from such sureties) to the satisfaction of the learned Magistrate and on the petitioner giving an undertaking on the following terms: i) The petitioner shall not permit the user of the vehicle for any illicit purpose; ii) The petitioner shall not transfer wholly or in part the vehicle to any other persons; Crl.M.C.No.1696 of 2008 3 iii) The petitioner shall produce the vehicle before the learned Magistrate as and when directed to do so on the same conditions on which it is released to him; iv) The interim custody of the vehicle shall be subjected to final order, if any, to be passed for confiscation. This Crl.M.C is disposed of as above. (V.K.MOHANAN, JUDGE) rtr/-