IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 Crl.MC.No. 3339 of 2008() ------------------------- CMP.2490/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI .................... PETITIONER: PETITIONER ---------------------- KUNHIPPA, AGED 36 YEARS, S/O. MUHAMMED, MADHUKKAL HOUSE, P.O.THAVANUR, THRIKKANAPURAM, PONNANI TALUK. BY ADV. SRI.SANTHEEP ANKARATH SMT.P.S.SHEEJA RESPONDENTS: COUNTER-PETITIONER ------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, THRITHALA POLICE STATION. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3339 of 2008 ---------------------------------------- Dated this the 5th day of September 2008 O R D E R The petitioner's vehicle has been seized on the allegation that it was involved in the commission of an offence punishable under 'The Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001'. The petitioner applied for release of the vehicle; but the same was not released to the petitioner by the learned Magistrate. By the impugned order, the said petition for release was dismissed by the learned Magistrate. 2. The learned counsel for the petitioner prays and the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the vehicle which has been seized in the crime can now be directed to be released on bail subject to appropriate conditions and safeguards. In the absence of opposition by the learned Public Prosecutor, it is not necessary to advert to facts in greater detail. 3. In the result, a) This petition is allowed. b) The impugned order is set aside. Vehicle No.KL-11/D- Crl.M.C.No.3339/2008 2 9520 seized by the police 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. iii) The petitioner shall deposit before the learned Magistrate an amount of Rs.25,000/- (Rupees twenty five thousand only) as cash security. The said amount shall be released to the petitioner if the petitioner satisfies the learned Magistrate that proceedings against him by the revenue authorities for confiscation of the vehicle is completed and he has remitted amounts, if any, ordered to be remitted. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.3339/2008 3 Crl.M.C.No.3339/2008 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008