IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 Crl.MC.No. 114 of 2009() ------------------------ CMP.6420/2008 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... PETITIONER(S): --------------- SAINUDHEEN, S/O.MOIDEEN, THAZHATHATHU HOUSE, KOTTAMPARAMBU, KOZHIKODE, REP. BY P/AT.HOLDER MUSTAFA.P, S/O.,MOOSA, PERISSERY HOUSE, PANTHEERANKAVU, KOZHIKODE BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- STATE OF KERALA, REP. BY S.I. OF POLICE, NALLALAM POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.114 of 2009 ---------------------------------------- Dated this the 16th day of January 2009 O R D E R The petitioner is the registered owner of a vehicle which is allegedly involved in the commission of an offence punishable under 'The Kerala Protection of River Banks and Regulation of Removal of Sand Act' (hereinafter referred to as 'the Act'. Crime was registered and the vehicle was seized. The petitioner applied for release of the vehicle. The said prayer was rejected by the impugned order. The petitioner claims to be aggrieved by the impugned order. The learned counsel for the petitioner submits the vehicle may not be exposed to sun and rain and forced to suffer damage and deterioration. Subject to any appropriate conditions, the vehicle may be released to the petitioner, it is prayed. The learned Public Prosecutor does not oppose the application; but only insists that appropriate conditions may be imposed. 2. I am satisfied, in these circumstances, that the vehicle can be released to the petitioner subject to appropriate terms and conditions. In coming to this conclusion, the concerns which weigh with the Supreme Court in the decision in Sunderbhai Ambalal Desai v. State of Gujarat [SC 2003(2) KLT 1089] do weigh with me also. Crl.M.C.No. 114/09 2 3. In the result, a) This petition is allowed. b) The vehicle in question 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 provisionally along with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. iii) The petitioner shall, in the bond to be executed by him, undertake that the vehicle shall not be used while it is in his possession for commission of any offence under the Act. He further undertakes that he shall produce the vehicle before the learned Magistrate as and when directed and also before the authorities under the provisions of the Act if and after a final order of confiscation is passed. iv) The petitioner shall deposit an amount of Rs.25,000/- (Rupees twenty five thousand only) as cash security before the learned Magistrate. (R.BASANT, JUDGE) jsr Crl.M.C.No. 114/09 3 Crl.M.C.No. 114/09 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008