IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 Crl.MC.No. 3269 of 2008() ------------------------- CMP..2059/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI CRIME NO.338/08 OF THE PATTAMBI POLICE STATION .................... PETITIONER: PETITIONER ---------------------- HAMSA.P.T, S/O. MUHAMMED, PATTANMARTHODI VEEDU, CHEMBRA.P.O, THIRUVEKAPURA, PALAKKAD DISTRICT. BY ADV. SRI.P.SANJAY SRI.M.MUHAMMED SHAFI RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PATTAMBI POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3269 of 2008 ------------------------------------------------- Dated this the 4th day of September, 2008 ORDER The petitioner's vehicle was seized by the police in a crime registered under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. The petitioner applied for release of the vehicle under Sec.451 Cr.P.C. That application was dismissed by the impugned order on the apprehension that the vehicle may be used again for commission of the offence. 2. The learned counsel for the petitioner submits that the apprehension is totally unfounded. There is nothing to show that the vehicle was involved in any similar earlier crime. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor submits that the State has no objection against the release of the vehicle. Crl.M.C. No. 3269 of 2008 -: 2 :- 4. I am satisfied that the request of the learned counsel for the petitioner can be allowed. 5. In the result: (a) This Crl.M.C. is allowed. (b) The impugned order is set aside. (c) It is directed that the vehicle No.KL-9/N 6551 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 the value of the vehicle to be provisionally determined by the learned Magistrate with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate undertaking to produce the vehicle before the learned Magistrate or any other authority as and when so directed. (iii) In the bond, the petitioner shall undertake that the vehicle shall not be used for the commission of any offence under the Kerala Protection of River Banks and Regulation of Removal of Sand Act. (iv) The petitioner shall deposit an amount of Rs.25,000/- as cash security which shall be released to the petitioner if the Crl.M.C. No. 3269 of 2008 -: 3 :- petitioner satisfies the learned Magistrate that the order imposing penalty, if any, passed under the Kerala Protection of River Banks and Regulation of Removal of Sand Act has been complied with by the petitioner. 6. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge