IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 Crl.MC.No. 1077 of 2010() ------------------------- (CRMP.1161/2010 of JUDL.MAGISTRATE OF FIRST CLASS-II(FOREST OFFENCES),PUNALUR IN OR NO.4/2010 OF ANCHAL FOREST RANGE) .................... PETITIONER(S): ------------------------ JOSE @JOSE VARGHESE,S/O,VARGHESE, AGED 39 YEARS,VADAKKEDATH VEEDU,OTTAKKAL, THENMALA VILLAGE, PATHANAPURAM TALUK. BY ADVS. MR.R.SURAJ KUMAR, MR.N.AJITH. RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. THE FOREST RANGE OFFICER, ANCHAL. R1 & R2 BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1077 OF 2010 ------------------------------------------ Dated 29th March 2010 O R D E R Jeep No.KL-2/G-3113 seized in O.R.4/2010 of Anchal Forest Range was released by the learned Magistrate under Annexure-A order in Crl.M.P.1161/2010 to the petitioner, on depositing cash security of Rs.75,000/- and on conditions. Petition is filed under Section 482 of Code of Criminal Procedure to quash the said condition contending that total loss sustained is only Rs.500/- and therefore, the direction to deposit Rs.75,000/- is too onerous. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. Crmc 1077/10 2 3. Learned counsel submitted that the vehicle was valued at Rs.75,000/- and petitioner was directed to make a cash deposit of Rs.75,000/-, though the value of sand carried in the vehicle was only Rs.300/- and in such circumstances, the amount is to be reduced. 4. When interim custody was granted, the learned Magistrate is entitled to impose sufficient conditions. Magistrate has directed the petitioner to deposit the value of the vehicle to grant interim custody. I do not find any reason to interfere with that order. If petitioner cannot make cash deposit, he is at liberty to furnish bank guarantee for the amount. Petition is disposed. Crmc 1077/10 3 M.SASIDHARAN NAMBIAR, JUDGE. uj.