IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 Crl.MC.No. 4181 of 2008 ---------------------------------- C.M.P.NO. 2790/2008 OF JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI .................... PETITIONER/ CLAIMANT: ------------------------------------ PRASAD, S/O.ALAPRA KRISHNAN, ALAPRA HOUSE, PALOOR DESOM, PERINTHALMANNA. BY ADV. SRI.DILIP MOHAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PATTAMBI POLICE STATION. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/11/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4181 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of November, 2008 O R D E R The petitioner is the owner of a vehicle No.KL-10/V 6921. That vehicle was seized alleging commission of the offence punishable under the Kerala Protection of River Banks and Regulation of Removal of Sand Act. No crime has been registered in respect of that alleged offence and no proceedings are pending before any court. The petitioner applied for release of the vehicle. That application was rejected by the learned Magistrate under the impugned order. 2. Notice was given to the learned Prosecutor, who does not oppose the application, but only submits that State has no objection in the vehicle being released to the petitioner, subject to appropriate conditions. 3. It is not necessary for me to consider any other question in this case in view of the stand taken by the learned Prosecutor. I am satisfied that the vehicle can be directed to be released to the petitioner subject to appropriate terms and conditions. Crl.M.C.No. 4181 of 2008 2 5. In the result: a) This Crl.M.C. is allowed. b) The impugned order is set aside. c) The vehicle in question shall be released to the petitioner on the following terms and conditions. i) The petitioner shall produce all documents before the learned Magistrate 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 to be determined by the learned Magistrate in his assessment with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. iii) In the bond to be executed by the petitioner, he shall undertake that the vehicle shall not be used by him or any one for the commission of any offence under the Kerala Protection of River Banks and Regulation of Removal of Sand Act while it is in his possession as per this order. Crl.M.C.No. 4181 of 2008 3 iv) The petitioner shall make a cash deposit of Rs.25,000/- before the learned Magistrate, which shall be released to him on proof that orders have been passed in confiscation proceedings and the amounts, if any, directed to be paid in such proceedings has been paid and discharged. (R. BASANT) Judge tm