IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 Crl.MC.No. 2414 of 2008() ------------------------- CRIME NO. 185/08 OF THRITHALA POLICE STATION CMP.2097/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI .................... PETITIONER: ------------ ABDUL SALAM, AGED 28, S/O. ABDULLA, KUNDILPEEDIKAYIL HOUSE, POST NJHANGATTIRI, PATTAMBI. BY ADV. SRI.E.R.VENKATESWARAN SRI.R.SREEHARI RESPONDENTS: ------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, THRITHALA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/07/2008, ALONG WITH CRMC NO. 2421 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.Nos. 2414 & 2421 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of July, 2008 O R D E R As the reliefs claimed and the facts are identical in these two Crl.M.Cs., I am proceeding to dispose of these two cases together, though they are not integrally connected. 2. The petitioners are owners of two autorikshaws. Their vehicles were seized on the allegation that the vehicles were involved in the commission of offence under the Kerala Protection of River Banks and Regulation of Removal of Sand Act. The petitioners applied for release of the vehicles. The learned Magistrate refused the prayer for release of the vehicles by the impugned orders. 3. The petitioners are aggrieved by the impugned orders. The vehicles are not involved earlier in any other crime. The learned Magistrate in these circumstances must have directed release of the vehicles to the petitioners concerned, contends the common counsel. Crl.M.C.Nos. 2414 & 2421 of 2008 2 4. The learned Prosecutor does not oppose the petitions. The learned Prosecutor only submits that it may be ensured that sufficient and adequate security is taken. Ordinarily an amount of Rs.15,000/- is imposed as penalty in lieu of confiscation of Autorikshaws under the Sand Act. That amount may be directed to be deposited in cash, submits the Prosecutor. 5. I find the submissions of the Prosecutor to be justified. I am satisfied that the vehicles can be released to the petitioners subject to appropriate terms and conditions. 6. In the result: a) These Crl.M.Cs. are allowed. b) The impugned orders are set aside. c) The vehicles concerned shall be released to the respective petitioners by the learned Magistrate on the following terms and conditions. (i) They shall produce documents before the learned Magistrate to show that they are the persons entitled to the custody of the vehicle. Crl.M.C.Nos. 2414 & 2421 of 2008 3 (ii) They shall execute bonds for the amount equal to the value of the vehicle to be ascertained by the learned Magistrate with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (iii) The petitioners shall make cash deposit of Rs.15,000/- before the learned Magistrate. d) If the petitioners satisfy the learned Magistrate that penalty has been imposed in proceedings under the Sand Act and that they have paid such amount to the Collector, the learned Magistrate shall release the amount so deposited to the petitioners. (R. BASANT) Judge tm